Upload
vohanh
View
219
Download
3
Embed Size (px)
Citation preview
Tender No :CGI 3157 P17 1
Company: __________ Contractor : __________
OIL INDIA LIMITED
BID DOCUMENT
Tender NO. : CGI 3157 P17
IMPACT ASSESSMENT (EIA) AND
ENVIRONMENTAL MANEGEMENT
HIRING THE SERVICES OF
ENVIRONMENTAL PLAN (EMP) STUDY
FOR PIPELINE LAYING PROJECT FROM
PUMP STATION NO.05 AT NOONMATI TO
IOCL- GUWAHATI REFNIERY ALONG THE
EXISTING RIGHT-OF-WAY (ROW) OF OIL
INDIA LIMITED AS PER SCOPE OF WORK
Tender No :CGI 3157 P17 2
Company: __________ Contractor : __________
: INDEX :
Instruction to bidders : Bidders are required to submit their bid through online
with their quoted rates as per Section-II in Price-Bid
Format along with all relevant documents as required.
1. Covering Letter with Salient features
2. Part -I : Instruction to Bidders
3. Part-II : Bid Rejection/Evaluation Criteria
4. Section- I : General terms and Condition of the Contract
5. Section- II : Schedule of Quantities, Service/work and Rates
6. Section- III : Special Condition of the Contract
7. Section- IV : Terms of Reference
8. Section- V : Schedule of Company‟s Materials, Plants & Equipments
9. Section- VI : Safety Measure and Compliance
10 Section- VII : Integrity Pact (Not Applicable for this Tender)
Proforma - A : Price Bid Format
Proforma - B : Bid Form
Proforma - C : Bank Guarantee format for Bid Security Deposit
Proforma - D : Bank Guarantee format for Performance Security Deposit
Proforma - E : Agreement Form
Proforma - F : Statement of Compliance/Non-Compliance
Proforma - G : Not Applicable
Proforma - H : Letter of Authority
Proforma -I : UNDERTAKING( COPY TO BE UPLOADED ALONG
WITH THE BID) AND HARD COPY TO BE
SUBMITTED ALONG WITH BID SECURITY
Tender No :CGI 3157 P17 3
Company: __________ Contractor : __________
FORWARDING LETTER
Sir,
1.0 OIL INDIA LIMITED (OIL), a “Navaratna” Category, Government of India Enterprise, is a
premier oil Company engaged in exploration, production and transportation of crude oil & natural
gas with its Headquarters at Duliajan, Assam. Duliajan. Pipeline Department of OIL, having its
Head Quarter at Noonmati, Guwahati, operates and maintains the cross country crude oil and
product pipeline spanning across the state of Assam, West Bengal and Bihar.
2.0 In connection with its operations, Pipeline Department of OIL invites Domestic Competitive
Bids (DCB) from competent and experienced Contractors through OIL‟s e-procurement site for
“HIRING THE SERVICES OF ENVIRONMENTAL IMPACT ASSESSMENT (EIA) AND
ENVIRONMENTAL MANEGEMENT PLAN (EMP) STUDY FOR PIPELINE LAYING PROJECT FROM PUMP STATION NO.05 AT NOONMATI TO IOCL-GUWAHATI REFNIERY ALONG THE EXISTING RIGHT-OF-WAY (ROW) OF OIL INDIA LIMITED AS PER SCOPE OF WORK”.
You are invited to submit your most competitive bid on or before the scheduled bid closing date
and time through OIL‟s e-procurement portal. For your ready reference, few salient points of
the IFB (covered in detail in the Bid Document) are highlighted below:
(i) IFB No. : CGI 3157 P17
(ii) Type of IFB : Single Stage-Single Bid System
(iii) Pre-Bid Conference Date : Not Applicable
(iv) Venue of Pre-Bid Conference : Not Applicable
(v) Last Date of Receipt of Pre-Bid : Not Applicable
Queries
(vi) Bid Closing Date & Time : As per online data
(vii) Bid Opening Date & Time : As per online data
(viii) Priced Bid Opening Date : As per online data
(ix) Bid Submission Mode : Bid should be uploaded in OIL‟s E-
Procurement portal
(x) Bid Opening Place : Office of the Chief Manager-Contracts
Oil India Limited, Pipeline Head Quarter
Guwahati-781171, Assam, India
Tender No :CGI 3157 P17 4
Company: __________ Contractor : __________
(xi) Bid Validity : 90 days from date of Closing of bid
(xii) Mobilisation Time : Within 7(Seven) days from the date of issue
of LOA by OIL
(xiii) Bid Security Amount : Rs. 28,000.00
(xiv) Bid Security Validity : 120 days from date of closing of bid
(xv) Amount of Performance Guarantee : 7.5% (initial security deposit along with
acceptance of contract is to be deposited for
2.5% and remaining 5% is to be recovered
from running account bill )of the total
estimated contract value
(xvi) Validity of Performance Security : Up to 3 months from date of completion of
contract
(xvii) Amount of Retention Money : 5% of each running account bill shall be
deducted till final completion of the work
(xviii)Duration of the Contract : 2 (Two) months
(xix) Quantum of Liquidated Damage: : 1/2% of total contract cost for Default in
Timely Mobilisation and/or default in timely
completion of work for delay per week or
part thereof subject to maximum of 7.5%.
(xx) Bids to be addressed to: : CHIEF MANNAGER(CONTRACTS)
OIL INDIA LIMITED
PIPELINE HEAD QUARTER
GUWAHATI-781171, ASSAM, INDIA
3.0 INTEGRITY PACT: (Not applicable for this Tender)
OIL shall be entering into an Integrity Pact with the bidders as per format enclosed vide
“SECTION-VII Integrity Pact” of the tender document. This Integrity Pact Proforma has
been duly signed digitally by OIL’s competent signatory (Digitally Signed). The proforma has
to be returned by the bidder (alongwith the technical bid) duly signed (digitally) by the same
signatory who signed the bid, i.e., who is duly authorized to sign the bid. Uploading the
Integrity Pact with digital signature will be construed that all pages of the Integrity Pact has
been signed by the bidder’s authorized signatory who sign the Bid.
4.0 GUIDELINES FOR PARTICIPATING IN OIL’S E-PROCUREMENT:
To participate in OIL‟s E-procurement tender, bidders should have a legally valid digital
certificate of Class 3 with Organizations Name as per Indian IT Act from the licensed Certifying
Authorities operating under the Root Certifying Authority of India (RCAI), Controller of
Certifying Authorities (CCA) of India (http://www.cca.gov.in). Bidders must have a valid User
Tender No :CGI 3157 P17 5
Company: __________ Contractor : __________
ID to access OIL e-Procurement site. Bidders shall request OIL through E-mail or fax or letter
along with the cost of bid documents as indicated in the NIT for issue of the User ID for accessing
the E-procurement tender. The User ID shall be intimated to the eligible bidders through email on
receipt of the requisite cost of the bid document. In case any bidder is eligible for exemption from
paying the tender fee, they should request OIL with supporting documents for issue of the User
ID on free of charge basis. Bidders who do not have a User ID, can click on Guest login button to
view the available open tenders. The detailed guidelines are available in OIL‟s e-procurement
site. For any clarification in this regard, bidders may contact OIL.
5.0 Bids received after closing hours as stipulated above will not be accepted. OIL will not be
responsible for any delay in submission of bid because of connectivity problem and/or any other
reasons whatsoever.
6.0 E-mail/Fax/Telegraphic/Telephone bids will not be accepted.
7.0 The Prices along with price related conditions should be filled online. Please ensure that
TECHNO-COMMERCIAL UN-PRICED BID / ALL TECHNICAL DOCUMENTS
RELATED TO THE TENDER is uploaded in the Technical RFX Response link only.
Please note that no price details should be uploaded in Technical RFX Response link. A
screen shot in this regard is given below. However, we request bidders to go through OIL‟s e –
Portal / Website before uploading their bids for updated information regarding participation
requirements and procedure for OIL‟s e – tenders.
On “EDIT” Mode- The following screen will appear. Bidders are advised to Upload
“Techno-Commercial Unpriced Bid” in the place as indicated below:
Go to this Tab “Technical RFx
Response” for Uploading
“Techno-commercial Unpriced
Bid”.
Go to this Tab “Items for
quote the price.
Tender No :CGI 3157 P17 6
Company: __________ Contractor : __________
8.0 Bidder is responsible for ensuring the validity of digital signature and it‟s proper usage by their
employee.
9.0 The bid including all uploaded documents shall be digitally signed by duly authorized
representative of the bidding company.
10.0 OIL reserves the right to increase/decrease the quantum of job at the time of award of contract
and it will be obligatory on the part of the successful bidder to accept the same at the offered
rates.
11.0 The Company reserves the right to reject any or all the tenders or accept any tender without
assigning any reason.
12.0 Offer must conform in all respect to the terms and conditions of the enquiry. Deviations, if any,
must be clearly and specifically stated. Conditional bids are liable to be rejected at the discretion
of the Company.
Thanking you,
Yours faithfully,
OIL INDIA LIMITED
Chief Manager (Contracts)
for General Manager ( Pipeline Services)
Area for uploading Techno-
Commercial Unpriced Bid*
Bid on “EDIT” Mode
Go to this Tab “Notes and
Attachments” for
Uploading “Bid Form”.
Tender No :CGI 3157 P17 7
Company: __________ Contractor : __________
PART-I
INSTRUCTIONS TO BIDDERS
1.0 Bidder shall bear all costs associated with the preparation and submission of bid. Oil India
Limited, hereinafter referred to as Company, will in no case be responsible or liable for those
costs, regardless of the conduct or outcome of the bidding process.
2.0 BIDDING DOCUMENTS
2.1 TENDER FEE:
2.1.1 Bidders interested to provide the services and interested to participate in the
above tender are requested to submit the tender fee of Rs 1,000/- (Rupees
One Thousand) only by Demand Draft/Banker‟s Cheque/ Online transaction
favouring OIL INDIA LIMITED, Payable at Guwahati issued by any
Scheduled Bank. NO OTHER MODE OF PAYMENT WILL BE ACCEPTED
BY THE COMPANY.
2.1.2 Sealed envelopes containing the Tender Fee shall be marked with the above
Tender Number and description of work and addressed to following:
Chief Manager (Contracts)
Oil India Limited
Pipeline Head Quarter, Narangi
P.O.: Udayan Vihar, Guwahati,
Assam – 781171
Tender fee shall reach the above address (from 08.00 A.M. to 10.00 A.M.) to
one week prior to Bid Closing date during working days (excluding
Sundays/Holidays). Bidder whose Tender fee reach after the last date of
received of tender fee as mentioned in online data shall not be allowed to
participate in the bidding process.
2.2 EXEMPTION OF TENDER FEE:
(i) Small Scale Industries (SSI) registered with NSIC under Single Point
Registration Scheme are exempted from payment of tender fees for the items
they are registered with NSIC. Valid registration certificate with NSIC must be
enclosed along with the application for issuing tender documents.
(ii) Public Sector Undertakings (PSU) ,Central Govt. Departments are also
exempted from payment of tender fee.
(iii) Firms registered with NSIC, PSU‟s & Government Departments claiming
exemption from payment of tender fee should submit their request with all
credentials to the tender administrator at least 7 days in advance from the date of
closer of sale of bid documents, to get access for participation in the tender.
Tender No :CGI 3157 P17 8
Company: __________ Contractor : __________
(iv) Tender documents provided to SSI Units registered with NSIC on free of charge
basis shall submit their offer for the service for which they are registered. Their
offer for other than the registered service shall not be acceptable. Their offer as
service provider also will not be acceptable and shall be rejected straightway.
(v) Public Sector Undertakings (PSU) , Central Govt. Departments and Small
Scale Industries (SSI) registered with NSIC under Single Point Registration
Scheme for the items they are registered with NSIC are exempted from payment
of Earnest Money Deposit (EMD). Valid registration certificate with NSIC
must be enclosed along with the application for issuing tender documents.
.
2.3 TRANSFERABILITY OF BID DOCUMENTS:
3.1 Bid Documents are non-transferable. Bid can be submitted only in the name of the
bidder in whose name the Bid Document has been issued.
3.2 Unsolicited bids will not be considered and will be rejected straightway.
2.4 DOCUMENT:
The services required, bidding procedures and contract terms are prescribed in the
Bidding Documents. This bidding document includes the following:
a) A forwarding letter highlighting the following points. :
i) Company‟s Tender No.
ii) Bid closing date and time.
iii) Bid opening date, time and place.
iv) Bid submission place.
v) Bid opening place.
Part- I : Instruction to Bidders
Part- II : Bid Rejection/Evaluation Criteria
Section-I : General Terms and Conditions of the contract
Section-II : Schedule of Quantities, Service/work and Rates
Section-III : Special Condition of the Contract
Section-IV : Terms of Reference
Section-V : Schedule of Company‟s Materials, Plants & Equipments
Section-VI : Safety Measures & Compliance Format
Section-VII : Integrity Pact(NOT APPLICABLE FOR THIS TENDER)
Proforma - A : Price format
Proforma - B : Bid Form
Proforma - C : Bank Guarantee format for Bid Security Deposit
Proforma - D : Bank Guarantee format for Performance Security Deposit
Proforma - E : Agreement Form
Proforma - F : Statement of Compliance/Non-Compliance
Proforma - G : Not Applicable
Proforma - H : Letter of Authority
Tender No :CGI 3157 P17 9
Company: __________ Contractor : __________
2.5 The bidder is expected to examine all instructions, forms, terms and specifications in the
Bidding Documents. Failure to furnish all information required in the Bidding
Documents or submission of a bid not substantially responsive to the Bidding
Documents in every respect will be at the Bidder's risk & responsibility and may result
in the rejection of its bid.
3.0 AMENDMENT OF BIDDING DOCUMENTS:
3.1 At any time prior to the deadline for submission of bids, the company may, for any
reason, whether at its own initiative or in response to a clarification requested by a
prospective Bidder, modify the Bidding Documents by the issuance of an Addendum.
3.2 The Addendum will be uploaded and published in OIL’s e-portal. However,
Addendum shall be neither published in news paper nor sent to any of the
participating Bidders. The company may, at its discretion, extend the deadline for bid
submission, if the Bidders are expected to require additional time in which to take the
Addendum into account in preparation of their bid or for any other reason.
4.0 PREPARATION OF BIDS
4.1 LANGUAGE OF BIDS:
The bid as well as all correspondence and documents relating to the bid exchanged
between the Bidder and the company shall be in English language, except that any
printed literature may be in another language provided it is accompanied by an English
translated version, which shall govern for the purpose of bid interpretation.
4.2 BIDDER’S NAME & ADDRESS:
Bidders should indicate in their bids their detailed postal address including the
Fax/Telephone / Cell Phone Nos. and E-mail address.
5.0 DOCUMENTS COMPRISING THE BID:
5.1 Bids are invited under Single Stage- Single bid System. The bid along with all
Annexure and copies of documents should be submitted in e-form only through OIL‟s e-
bidding engine. The price bids submitted in physical form against procurement tenders
shall not be given any cognizance. However the following documents should necessarily
be submitted in physical form in sealed envelope superscribed as "Tender Number and
due for opening on_____" The outer cover of the sealed envelope should duly bear the
tender number and date of closing/opening prominently underlined, along with the
address as under
Chief Manager (contracts), Oil India Limited
Pipeline Head Quarter, Narangi
P.O.: Udayan Vihar, Guwahati, Assam – 781171
5.2 Envelope:
Tender No :CGI 3157 P17 10
Company: __________ Contractor : __________
i) Containing Valid and proper Bid Security in Original as per Clause 10.0 and
should reach the office of Chief Manager (Contracts) before Bid closing date and
time, otherwise Bid will be rejected. A scanned copy of this document should
also be uploaded along with the Un-priced(Technical) bid documents.
ii) Any other document required to be submitted in original as per tender
requirement.
Documents sent through E-mail/Fax/Telex/Telegraphic/Telephonic will not be considered.
5.3 E- FORM FOR ONLINE SUBMISSION:
5.3.1 TECHNICAL BID (Un-Priced) comprise of the following:
i) Containing Certificate of Compliance in respect of BRC of the Bid
Document as per Part-II.
ii) Complete technical details of the services and equipment specifications
with catalogue, etc
iii) Documentary evidence established in accordance with clause 9.0 of this
section.
iv) Copy of Bid Security furnished in accordance with clause 10.0 of this
section.
v) Statement of Non-compliance (for Technical Non-compliance only)
(except BRC) as per Proforma-F.
vi) Copy of signed Bid document without indicating prices.
5.3.2 COMMERCIAL/PRICE BID comprising of following:
Bidder shall quote their prices in the following Proforma and shall upload the same
in the OIL‟s E-Portal :
(i) Price-Schedule as per On Line Price Format
(ii) Bid Form as per Proforma -B
The Priced Bid shall contain the prices along with the currency quoted and any other
commercial information pertaining to the service offered.
NOTE:
Only Envelope mentioned in clause 5.2 above shall be submitted to Office of Chief
Manager (Contracts), Oil India Ltd, Guwahati within Bid Closing Date and
TECHNICAL BID & COMMERCIAL / PRICE BID shall be submitted through e-
tendering process.
Tender No :CGI 3157 P17 11
Company: __________ Contractor : __________
6.0 BID FORM:
The bidder shall complete the Bid Form and the appropriate Price Schedule furnished in
their Bid.
7.0 BID PRICE:
7.1 Unit prices must be quoted by the bidders online.
7.2 Price quoted by the successful bidder must remain firm during its performance of the
Contract and is not subject to variation on any account.
7.3 All duties and taxes including VAT, Contract Tax, Corporate income Taxes and other
levies excepting Service Tax payable by the successful bidder under the Contract for
which this Bidding Document is being issued, shall be included in the rates, prices and
total Bid Price submitted by the bidder, and the evaluation and comparison of bids shall
be made accordingly. For example, personal taxes and/or any corporate taxes arising out
of the profits on the contract as per rules of the country shall be borne by the bidder.
8.0 CURRENCIES OF BID AND PAYMENT:
8.1 Bid currency and payment shall be INR.
9.0 DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICATIONS:
These are listed in Part-II of the document.
10.0 SIGNING OF BID:
10.1 Bids are to be submitted online through OIL‟s E-procurement portal with digital signature.
The bid and all attached documents should be digitally signed by the bidder using “Class
3” digital certificates with Organizations Name [e-commerce application (Certificate with
personal verification and Organisation Name)] as per Indian IT Act 2000 obtained from
the licensed Certifying Authorities operating under the Root Certifying Authority of
India(RCAI), Controller of Certifying Authorities(CCA) of India before bid is uploaded.
If any modifications are made to a document after attaching digital signature, the digital
signature shall again be attached to such documents before uploading the same.
The authenticity of above digital signature shall be verified through authorized CA after
bid opening and in case the digital signature is not of “Class-3” with organization name,
the bid will be rejected.
Bidder is responsible for ensuring the validity of digital signature and it‟s proper usage by
their employees.
10.2 The original and all copies of the bid shall be typed or written in indelible inks and shall
be signed by the Bidder or a person or persons duly authorised to bind the Bidder to the
contract. The letter of authorisation (as per Proforma-H) shall be accompanying the
Bid. All pages of the Bid, drawings and other accompanying documents except for un-
Tender No :CGI 3157 P17 12
Company: __________ Contractor : __________
amended printed literature, shall be initialed by the person or persons signing the Bid
Document.
10.3 Any person signing the Bid or any other document in respect of this Bid Document or
other relevant documents on behalf of the Bidder without disclosing his authority to do so
shall be deemed to have the authority to bind the Bidder. If it is discovered at any time that
the person so signing has no authority to do so, the Company (OIL) may, without
prejudice to any other right or remedy, cancel his Bid or Contract and hold the Bidder
liable to the Company (OIL) for all costs and damages arising from the cancellation of the
Bid or Contract including any loss which the Company (OIL) may sustain on account
thereof.
10.4 Any physical documents submitted by bidders shall contain no interlineations, white
fluid erasures or overwriting except as necessary to correct errors made by the Bidder,
in which case such correction shall be initialed by the person or persons who has/have
digitally signed the Bid.
10.5 Any Bid, which is incomplete, ambiguous, or not in compliance with the Bidding process
will be rejected.
11.0 BID SECURITY:
11.1 Pursuant to clause 5.0 the Bidder shall furnish as part of its Technical bid, Bid Security
for an amount of Rs. 28,000.00 ( Rupees Twenty Eight Thousand only)
11.2 The Bid Security is required to protect the Company against the risk of Bidder's
conduct, which would warrant the security's forfeiture, pursuant to sub-clause 11.7.
11.3 The Bid Security shall be denominated in the currency of the bid and shall be in one of
the following form:
(a) A Bank Guarantee in the prescribed format vides Proforma-C or in another form
acceptable to the Company issued by any Scheduled Bank in India.
The Bank Guarantee shall be valid for 30 days beyond the validity of the bids asked
for in the Bid Document.
Bank Guarantees issued by Banks in India should be on non-judicial stamp
paper of requisite value, as per Indian Stamp Act, purchased in the name of the
Banker.
(b) A Cashier's cheque or Demand Draft drawn on „Oil India Limited‟ valid for 90
days from the date of issue and payable at Guwahati, Assam.
11.4 Any bid not secured in accordance with sub-clause 11.1 and /or 11.3 shall be
rejected by the Company as non-responsive.
11.5 Unsuccessful Bidder's Bid Security will be discharged and/or returned within 30 days of
expiry of the period of bid validity.
Tender No :CGI 3157 P17 13
Company: __________ Contractor : __________
11.6 Successful Bidder's Bid Security will be discharged upon the Bidder's signing of the
contract and furnishing the performance security.
11.7 The Bid Security may be forfeited:
a) If any Bidder withdraws or modifies their bid during the period of bid validity
(including any subsequent extension)
or
b) If a successful Bidder fails:
i) to sign the contract within stipulated reasonable time & within the
period of bid validity, and/or
ii) to furnish the Performance Security.
11.8 In case any bidder withdraws their bid during the period of bid validity, Bid Security
will be forfeited and the party shall be debarred for a period of 2(two) year to
participate any future tender.
11.9 Central Govt. offices , Central Public Sector undertakings and Small Scale Industries
(SSI) registered with NSIC under Single Point Registration Scheme for the items
they are registered with NSIC are exempted from submitting Bid Security.
12.0 PERIOD OF VALIDITY OF BIDS:
12.1 Bids shall remain valid for 90 days after the date of bid opening (technical) prescribed
by the Company.
12.2 In exceptional circumstances, the Company may solicit the Bidder's consent to an
extension of the period of validity. The request and the response thereto shall be made in
writing/email (or by Fax). The bid Security provided under Clause 11.0 shall also be
suitably extended. A Bidder may refuse the request without forfeiting its Bid Security. A
Bidder granting the request will neither be required nor permitted to modify their bid.
12.3 Bid Security shall not accrue any interest during its period of validity or extended
validity.
13.0 All the conditions of the contract to be made with the successful bidder are given in various
Sections of this document. Bidders are requested to state their compliance/ non-compliance to
each clause as per Proforma-F.
14.0 Timely delivery of the bids is the responsibility of the Bidder. Company shall not be responsible
for any delay.
15.0 DEADLINE FOR SUBMISSION OF BIDS:
Bids must be received by the company within Bid Closing Date as specified in the “Forwarding
Letter”.
16.0 LATE BIDS:
Tender No :CGI 3157 P17 14
Company: __________ Contractor : __________
Any Bid received by the Company after the deadline for submission of bids prescribed by the
Company shall be rejected.
17.0 MODIFICATION AND WITHDRAWAL OF BIDS:
17.1 The Bidder after submission of bid may withdraw its bid by written notice prior to bid
closing.
17.2 The Bidder's withdrawal notice shall be prepared sealed, marked and dispatched in
accordance with the provisions of Clause 5.1. A withdrawal notice may also be sent by
fax but followed by a signed confirmation copy, postmarked not later than the deadline
for submission of bids.
17.3 No bid can be modified subsequent to the uploading in the e-tendering system.
17.4 No bid may be withdrawn in the interval between the deadline for submission of bids
and the expiry of the period of bid validity specified by the Bidder on the Bid Form.
Withdrawal of a bid during this interval shall result in the Bidder's forfeiture of its Bid
Security.
18.0 PRE-BID CONFERENCE/ MEETING:
Not Applicable for this Tender.
19.0 FURNISHING FRAUDULENT INFORMATION/DOCUMENTS:
If it is found that a bidder/contractor has furnished fraudulent information / documents, the Bid
Security/Performance Security shall be forfeited and the party shall be debarred for a period of
3(three) years from the date of detection of such fraudulent act besides the legal action.
20.0 OPENING AND EVALUATION OF BID:
20.1 Company will open the Bids in the presence of Bidder's representatives who choose to
attend at the date, time and place mentioned in the Forwarding Letter. However, an
authorization letter from the bidder must be produced by the Bidder's representative at
the time of bid opening. Unless this Letter is presented, the representative will not be
allowed to attend the bid opening. Only one representative against each bid will be
allowed to attend.
20.2 Bid for which an acceptable notice of withdrawal has been received shall not be opened.
Company will examine bids to determine whether they are complete, whether requisite
Bid Securities have been furnished, whether documents have been properly signed and
whether the bids are generally in order.
20.3 At bid opening, Company will announce the Bidder's names, written notifications of bid
modifications or withdrawal, if any, the presence of requisite Bid Security and such
other details as the Company may consider appropriate.
Tender No :CGI 3157 P17 15
Company: __________ Contractor : __________
20.4 Company shall prepare, for its own records, document containing the information
disclosed to those present in accordance.
20.5 To assist in the examination, evaluation and comparison of bids the Company may at its
discretion, ask the Bidder for clarifications of its bid. The request for clarification and
the response shall be in writing and no change in the price or substance of the bid shall
be sought, offered or permitted.
20.6 Prior to the detailed evaluation, Company will determine the substantial responsiveness
of each bid to the requirement of the Bidding Documents. For purpose of these
paragraphs, a substantially responsive bid is one, which conforms to all the terms and
conditions of the Bidding Document without deviations or reservation. A deviation or
reservation is one which affects in any way substantial way the scope, quality, or
performance of work, or which limits in any substantial way, in-consistent way with the
bidding documents, the Company‟s right or the bidder‟s obligations under the contract,
and the rectification of which deviation or reservation would affect unfairly the
competitive position of other bidders presenting substantial responsive bids. The
Company's determination of bid's responsiveness is to be based on the contents of the
Bid itself without recourse to extrinsic evidence.
20.7 A Bid determined as not substantially responsive will be rejected by the Company and
may not subsequently be made responsive by the Bidder by correction of the non-
conformity.
20.8 The Company may waive minor informality or nonconformity or irregularity in a bid,
which does not constitute a material deviation, provided such waiver, does not prejudice
or affect the relative ranking of any Bidder.
21.0 OPENING OF COMMERCIAL/ PRICE BIDS:
21.1 Company will open the Commercial/Price Bids of all the Bidders on a specific date in
presence of interested bidders.
21.2 The Company will examine the Price quoted by Bidders to determine whether they are
complete, any computational errors have been made, the documents have been properly
signed, and the bids are generally in order.
21.3 Arithmetical errors will be rectified on the following basis. If there is a discrepancy
between the unit price and the total price (that is obtained by multiplying the unit
price and quantity) the unit price shall prevail and the total price shall be corrected
accordingly. If any Bidder does not accept the correction of the errors, their bid will
be rejected.
22.0 EVALUATION AND COMPARISON OF BIDS:
22.1 The Company will evaluate and compare the bids as per Bid Evaluation Criteria in
Part-II of the bidding documents.
22.2 DISCOUNTS / REBATES: Unconditional discounts/rebates, if any, given in the bid or
along with the bid will be considered for evaluation.
Tender No :CGI 3157 P17 16
Company: __________ Contractor : __________
22.3 Post bid or conditional discounts/rebates offered by any bidder shall not be considered
for evaluation of bids. However, if the lowest bidder happens to be the final acceptable
bidder for award of contract, and if they have offered any discounts/rebates, the contract
shall be awarded after taking into account such discounts/rebates.
23.0 CONTACTING THE COMPANY:
23.1 Except as otherwise provided, no Bidder shall contact Company on any matter relating
to its bid, from the time of the bid opening to the time the Contract is awarded except as
required by Company.
23.2 An effort by a Bidder to influence the Company in the Company's bid evaluation, bid
comparison or Contract award decisions may result in the rejection of their bid.
24.0 AWARD OF CONTRACT
AWARD CRITERIA:
The Company will award the Contract to the successful Bidder whose bid has been determined
to be substantially responsive and has been determined as the lowest evaluated bid, provided
further that the Bidder is determined to be qualified to perform the Contract satisfactorily.
25.0 COMPANY'S RIGHT TO ACCEPT OR REJECT ANY BID:
Company reserves the right to accept or reject any or all bids and to annul the bidding process
and reject all bids, at any time prior to award of contract, without thereby incurring any liability
to the affected bidder, or bidders or any obligation to inform the affected bidder of the grounds
for Company‟s action.
26.0 NOTIFICATION OF AWARD:
26.1 Prior to the expiry of the period of bid validity or extended validity, the company will
notify the successful Bidder in writing by registered letter or email or fax (to be
confirmed in writing by registered / couriered letter) that its bid has been accepted.
26.2 The notification of award will constitute the formation of the Contract.
26.3 Upon the successful Bidder's furnishing of Performance Security, the company will
promptly notify each un-successful Bidder and will discharge their Bid Security.
27.0 SIGNING OF CONTRACT:
27.1 At the same time as the Company notifies the successful Bidder that its Bid has been
accepted, the Company will either call the successful bidder for signing of the
agreement or send the Contract document with General & Special Conditions of
Contract, Technical Specifications, Schedule of rates incorporating all agreements
between the parties.
Tender No :CGI 3157 P17 17
Company: __________ Contractor : __________
27.2 Within 30 days of receipt of the final contract document, the successful Bidder shall sign
and date the contract and return it to the company.
28.0 PERFORMANCE SECURITY:
28.1 Successful bidder shall be required to furnish an amount equivalent to 7.5% (initial
security deposit along with acceptance of contract is to be deposited for 2.5% and
remaining 5% is to be recovered from running account bill )of the total estimated
contract value as Performance Security Deposit within 15 days of notification of award
of contract and before signing of the formal contract. In case of default the award of
contract may be canceled and Security deposit forfeited. The Performance Security
Deposit may be in the form of a Bank Guarantee issued by a Nationalized Bank, and
shall remain valid for six more months beyond validity of the contract. A copy of the
Bank Guarantee format is enclosed as Annexure –D.
28.2 The performance security money shall be payable to Company as compensation for any
loss resulting from Contractor‟s failure to fulfill its obligations under the Contract.
28.3 The performance security as specified above must be valid for 3 months (plus 3 months
to lodge claim, if any) after the date of expiry of the tenure of the contract to cover the
warranty obligations. The same will be discharged by company not later than 30 days
following its expiry.
28.4 Failure of the successful Bidder to comply with the requirements of clause 25.1 and /or
25.4 shall constitute sufficient grounds for annulment of the award and forfeiture of the
Bid Security. In such an event the Company may award the contract to the next
evaluated Bidder or call for new bid or negotiate with the next lowest bidder as then
case may be.
28.5 In the event of default in the execution of the contract by the contractor as per terms and
conditions of the contract, OIL will invoke the Bank Guarantee either in part or in full.
29.0 RETENTION MONEY:
29.1 In addition to Performance security deposit, a retention money equivalent to 5% of each
running account bill shall be deducted till final completion of the work. This deducted
amount shall be retained with OIL till the expiry of performance obligation of the
contractor as per contract .
29.2 The performance security and retention money shall be payable to company as
compensation for any loss resulting from contractor‟s failure to fulfill the obligation
under the contract.
29.3 The amount of retention money shall be released after 3(three) months from the date of
issue of of completion certificate from concerned Deptt.
29.3 The performance security and retention money will not accrue any interest.
30.0 INTEGRITY PACT: (Not applicable against the tender)
Tender No :CGI 3157 P17 18
Company: __________ Contractor : __________
30.1 OIL shall be entering into an Integrity Pact with the bidders as per format enclosed
vide “SECTION-VII Integrity Pact” of the tender document. This Integrity Pact
Proforma has been duly signed digitally by OIL’s competent signatory (Digitally
Signed). The proforma has to be returned by the bidder (alongwith the technical bid)
duly signed (digitally) by the same signatory who signed the bid, i.e., who is duly
authorized to sign the bid. Uploading the Integrity Pact with digital signature will be
construed that all pages of the Integrity Pact has been signed by the bidder’s
authorized signatory who sign the Bid.
31.0 COST OF BIDDING:
31.1 The bidder shall bear all cost associated with the preparation and submission of its bid
and OIL will in no case be responsible or liable for those costs, regardless of the conduct
or outcome of the bidding process.
31.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the
bidding documents. Failure to furnish all information required by the bidding documents
or submission of bid not substantially responsive to the bidding documents in every
respect will be at the Bidder‟s risk and may result in the rejection of its bid without
seeking any clarifications.
32.0 SITE VISIT:
The Bidder, at the Bidder‟s own cost, responsibility and risk is encouraged to visit and examine
the site of work and its surroundings, understand the logistics and obtain all information that
may be necessary for preparing the Bid and entering into a Contract for the required
services/work. The Contractor shall be deemed prior to Pre-Bid Conference & submitting their
Bid to have:
a) Inspected and examined the Site and its surroundings and carried out such surveys as it
considers necessary;
b) Satisfied itself as to the nature of the work and materials necessary for the execution of
the Works;
c) Satisfied itself as to the circumstances at the Site, including, without limitation, the
ground and sub-soil, the form and nature of the Site and the climate and hydrological
conditions of the Site;
d) Satisfied itself as to the means of communication with and access to & through the Site,
the accommodation it may require and the precautions and the times and methods of
working;
e) Obtained for itself all necessary information as to the risks, contingencies and all other
circumstances, which may influence or affect the Contract price and its obligations
under the Contract;
f) Satisfied itself with all the Indian as well as local conditions, factors and legislation
which may have any effect on the execution of the work covered under the Bid
Document.
Tender No :CGI 3157 P17 19
Company: __________ Contractor : __________
g) Ascertained the general labour position at the Site and have understood the cost
associated with engagement of the labours.
33.0 GENERAL :
30.1 The bids can only be submitted in the name of the Bidder who has been permitted to
participate in the bid. The bid papers, duly filled in and complete in all respects shall be
submitted together with requisite information and Annexures. It shall be complete and
free from ambiguity, change or interlineations.
30.2 The bidder should indicate at the time of quoting against this tender their full postal and
Fax/Email addresses.
30.3 The bid including all attached documents shall be digitally signed by duly authorized
representative of the bidding company.
34.0 SPECIFICATIONS:
Before submission of Bids, Bidders are requested to make themselves fully conversant with all
Conditions of the Bid Document and other relevant information related to the works/services to
be executed under the contract.
35.0 The bidders are required to furnish the composition and status of ownership of the firm in
whose name tender documents have been purchased /issued along with one or more of the
following documentary evidences(which are applicable to the bidder) in support of the same.
35.1. In case of Sole Proprietorship Firm-Copies of Telephone/Electricity/Mobile Bill,
PAN, latest Income Tax Return indicating therein the name, business and residential
address, E-mail and telephone numbers of the owner and copies of Service Tax and
Central Excise Registration Certificate.
35.2 In case of HUF-Copies of Telephone/Electricity/Mobile Bill, PAN, latest Income Tax
Return, Family Arrangement indicating therein the name, residential address, E-mail
and telephone numbers of the owners in general and Karta in particular and copies of
Service Tax and Central Excise Registration Certificate.
35.3 In case of Partnership Firm-Copies of Telephone/Electricity/Mobile Bill, PAN, latest
Income Tax Return indicating therein the name, residential address, E-mail and
telephone numbers of all the partners(including the Managing Partner), registered
partnership agreement/deed and copies of Service Tax and Central Excise Registration
Certificate.
35.4 In case of Co-Operative Societies-Copies of Telephone/Electricity/Mobile Bill, PAN,
latest Income Tax Return indicating therein the name, residential address, E-mail and
telephone numbers of all the Directors or persons who are at the helm of affairs,
registration certificate from Registrar of Co-Operative Societies and copies of Service
Tax and Central Excise Registration Certificate.
35.5 In case of Societies registered under the Societies Registration Act -Copies of
Telephone/Electricity/Mobile Bill, PAN, latest Income Tax Return indicating therein the
name, residential address, E-mail and telephone numbers of all the Directors or persons
Tender No :CGI 3157 P17 20
Company: __________ Contractor : __________
who are at the helm of affairs, registration certificate from the Registrar of the state and
copies Service Tax and Central Excise Registration Certificate.
35.6 In case of Joint Stock Companies registered under the Indian Companies Act -
Copies of Telephone/Electricity/Mobile Bill, PAN, latest Income Tax Return indicating
therein the name, residential address,E-mail and telephone numbers of all the Directors
or persons who are at the helm of affairs, Certificate of Incorporation from the Registrar
of Companies, Memorandum and Articles and copies of Service Tax and Central Excise
Registration Certificate.
35.7 In case of Trusts registered under the Indian Trust Act - Copies of
Telephone/Electricity/Mobile Bill, PAN, latest Income Tax Return indicating therein the
name, residential address, E-mail and telephone numbers of all the Trustee or persons
who are at the helm of affairs, registration certificate from the Registrar of the state,
Trust Deed and copies Service Tax and Central Excise Registration Certificate.
----------------- **************
Tender No :CGI 3157 P17 21
Company: __________ Contractor : __________
PART – II
BID REJECTION / EVALUATION CRITERIA:
1.0 BID REJECTION CRITERIA (BRC):
The bid shall conform to the specifications and terms and conditions given in the Bidding
Documents. Bids will be rejected in case material and services offered do not conform to the
required parameters stipulated in the technical specifications. Notwithstanding the general
conformity of the bid to the stipulated specifications, the following requirements will have to be
particularly met by the Bidders without which the same will be considered as non-responsive
and rejected. All the documents related to BRC shall be submitted along with the Techno-
Commercial Bid.
1.1 TECHNICAL REQUIREMENTS FOR BIDDERS:
Experience of having successfully completed similar type of jobs i.e., EIA and EMP study or
carrying out Public hearing process for any project requiring MoEF/PCB clearance in previous 7
years to be reckoned from the original bid closing date should be of the following:
i) One similar completed work costing not less than Rs 7,00,000.00
(Similar completed work means carrying out Environmental Impact Assessment (EIA)
and Environmental Management Plan (EMP) study or carrying out Public hearing
process for any project requiring MoEF/PCB clearance)
Note:
1. A job executed by a bidder for its own organization / subsidiary cannot be considered as
experience for the purpose of meeting BEC.
2. Documentary proof must be furnished in support of the experience by way of purchase
order / work order / contract document along with completion certificate from the
organization to whom such services have been rendered.
1.2 FINANCIAL:
1.2.1 Annual financial turnover of the bidder, as per Audited Annual Reports in any of
the preceding three financial years should be at least Rs 4,20,000.00
For consortium:
At least one member of the consortium to meet the above criteria of 50% turnover.
The other members of consortium should meet minimum 25% turnover requirement.
1.2.2 Net Worth shall be positive for preceding financial year reckoned from the
original bid closing date
Note: For Proof of Annual Turnover & Net Worth any of the following documents
/photocopy must be furnished:
i) A certificate issued by a practicing Chartered Cost Accountants(with membership no.
and Firm Registration Number) certifying the Annual turnover and & Net Worth
Tender No :CGI 3157 P17 22
Company: __________ Contractor : __________
OR
ii) Audited Balance Sheet along with Profit & Loss account.
In case the bidder is a Central Govt. Organization/PSU/State Govt. Organization/Semi-
State Govt. Organization or any other Central/State Govt. Undertaking, where the auditor
is appointed only after the approval of Comptroller and Auditor General of India and the
Central Government, their certificates may be accepted even though FRN (Firm
Registration Number) is not available. However, bidder will have to provide documentary
evidence for the same.
Note: All documents relating to above clause No. 1.1 & 1.2 must be submitted along with
techno-commercial bid. These documents shall have to be produced by the bidder as and
when asked for:
1.3 Other Information /Documents:Bidders must furnish the following information with
relevant documents wherever necessary:
a) Tax Exemption Certificate,if any,if/applicable.
b) PAN no.( photocopy of the PAN card required).
c) Service Tax registration No.
d) VAT registration no.,if applicable.
e) Bank account No. with name of Bank,Type of account,Bank address.
f) P.F. Account No./Code.
(iv) In case, if L-1 bidder happens to be more than one, contract will be awarded on the
basis of draw of lots.
1.4 GENERAL:
(i) In case bidder takes exception to any clause of Tender Document not covered under BEC ,
then the Company has the discretion to load or reject the offer on account of such exception if
the bidder does not withdraw / modify the deviation when / as advised by the Company. The
loading so done by the Company will be final and binding on the Bidders.
(ii) To ascertain the substantial responsiveness of the bid the Company reserves the right to ask
the Bidder for clarification in respect of clauses covered under BEC also and such clarification
fulfilling the BEC clauses must be received on or before stipulated day from the date of
clarification sought by the Company, failing which the bid will be rejected.
(iii) In case any of the clauses in the BEC contradict with other clauses of Bid Document
elsewhere, then the clauses in the BEC shall prevail.
(iv) The originals of such documents [furnished by bidders(s)] shall have to be produced by
bidder(s) to OIL as and when asked for.
1.5 BID REJECTION CRITERIA (BRC):
Deviation to the following provision of the tender document shall make the bid liable for
rejection:
Tender No :CGI 3157 P17 23
Company: __________ Contractor : __________
i. Firm price
ii. EMD / Bid Bond
iii. Scope of work
iv. Specifications
v. Price Schedule
vi. Delivery / Completion Schedule
vii. Period of Validity of Bid
viii. Liquidated Damages
ix. Performance Bank Guarantee / Security deposit
x. Guarantee of material / work
xi. Arbitration / Resolution of Dispute
xii. Force Majeure
xiii. Applicable Laws
xiv. Integrity Pact, if applicable
xv. Any other condition specifically mentioned in the tender documents elsewhere that
non-compliance of the clause lead to rejection of the bid.
1.6 COMMERCIAL:
1.6.1 Bidder shall submit the offer under “Single Stage" Single Bid System”.
Technical bid" and the "Price Bid".
1.6.2 Bidder shall furnish Bid Security along with Bid. Bid security shall be furnished
as a part of 'Technical Bid'. Any bid not accompanied by a proper bid
security will be rejected. Bidder shall submit original document to the address
as specified with BCD before Bid opening date and time, otherwise Bid will be
rejected. A scanned copy of this document should also be uploaded along with
the Un-priced bid.
1.6.3 The Technical Bid should not have any price indication.
1.6.4 Bidder shall furnish Bid Security as referred in Relevant Section of the Bid
document so as to reach the Company (i.e. OIL) before due date of closing. Any
bid for which bid security is not received before due Date of Bid Closing will
be rejected.
1.6.5 Validity of the bid shall be minimum 90 days. Bids with lesser validity will be
rejected.
1.6.6 Any bid received in the form of Telex/Cable/Fax/E-mail/ Telephone call will
not be accepted.
1.6.7 Bidders must quote clearly and strictly in accordance with the price
schedule outlined in relevant section of Bidding Documents; otherwise the
bid will be rejected.
1.6.8 Any bid containing false statement will be rejected.
Tender No :CGI 3157 P17 24
Company: __________ Contractor : __________
1.6.9 The Bid Documents are not transferable. Bids made by parties who have
not purchased the Bid Documents from the Company will be rejected.
1.6.10 Any Bid received by the Company after the deadline for submission of bids
prescribed by the Company will be rejected.
1.6.11 Price quoted by the successful Bidder must be firm during the performance
of the Contract and not subject to variation on any account. A bid
submitted with an adjustable price will be treated as non-responsive and
rejected.
1.6.12 Bids shall be typed or written in indelible ink and shall be digitally signed by
the bidder or his authorized representative.
1.6.13 Any physical documents wherever called for, submitted by bidders shall contain
no interlineations, white fluid erasures or overwriting except as necessary to
correct errors made by the Bidder, in which case such correction shall be
initialed by the person or persons who has/have digitally signed the Bid.
1.6.14 Bidder shall fulfill all the relevant clauses applicable for this e-Tender.
1.6.15 The following Clauses with all its sub-clauses should be agreed in toto,
failing which the bid will be rejected. To this effect Bidder shall submit an
undertaking along with the Technical Bid.
a) Performance Security Clause
b) Force Majeure Clause
c) Termination Clause
d) Settlement of disputes Clause
e) Liquidated Damages Clause.
f) Acceptance of Jurisdiction and applicable law.
g) Tax liabilities clause.
h) Insurance clause.
i) With holding clause.
j) Liability clause.
k) Set off clause
2.0 BID EVALUATION CRITERIA (BEC):
2.1 The bids conforming to the technical specifications, terms and conditions stipulated in
the bid documents and considered to be responsive after subjecting to the Bid Rejection
Criteria will be considered for further evaluation as per the Bid Evaluation Criteria.
2.2 To ascertain the inter-se-ranking, the comparison of the responsive bids will be made
on the basis of total cost of various works envisaged under the contract.
2.3 In case more than one bidder emerges as lowest bidder due to equal rate quoted by the
bidder, then the lowest bidder will be decided by draw of lots. Company’s decision in
this regard is final and binding to all bidders
Tender No :CGI 3157 P17 25
Company: __________ Contractor : __________
2.4 Any discount/rebates offered shall not be considered for evaluation of bids. However, if
the lowest bidder happens to be the final acceptable bidder for award of contract and if
they have offered any discount/rebate the contract shall be awarded after taking into
consideration such discount/rebate after negotiation or otherwise.
----------------- **************
SECTION-I
GENERAL CONDITIONS OF CONTRACT 1.0 DEFINITIONS
1.1 In the contract, the following terms shall be interpreted as indicated:
a) "Contract" means agreement to be entered into between Company and
Contractor, as recorded in the contract signed by the parties, including all
attachments and appendices thereto and all documents incorporated by reference
therein.
b) " Contract Price” means the price payable to Contractor under the contract for
the full and proper performance of their contractual obligations.
c) "Work" means each and every activity required for the successful performance
the services described in Section-II & Section -III.
d) "Company” or “OIL” means Oil India Limited.
e) "Contractor" means the individual or firm or Body incorporated performing he
Consultancy study under the Contract.
f) "Contractor's Personnel" mean the personnel to be provided by Contractor to
provide services as per contract.
g) "Company's Personnel" mean the personnel to be provided by OIL or OIL's
contractor (other than the Contractor executing the contract). The Company
representatives of OIL are also included in the Company's personnel.
2.0 EFFECTIVE DATE, DATE OF COMMENCEMENT OF CONTRACT AND
COMPLETION TIME OF CONTRACT
2.1 The contract shall become effective as of the date notifies Contractor in writing through
Letter of Awarded (LOA). This date shall be treated as the effective date of
commencement of the contract.
2.2 MOBILISATION TIME:
The mobilization of equipment, personnel etc. should be completed by Contractor within
7(Seven) days from the effective date of the contract. Mobilization shall be deemed to be
completed when Contractor's equipment and manpower are placed at the nominated
Tender No :CGI 3157 P17 26
Company: __________ Contractor : __________
location in readiness to commence Work as envisaged under the Contract duly certified by
the Company's authorized representative.
2.3 DATE OF COMMENCEMENT OF CONTRACT:
The date of Commencement of Contract will be as notified by Company by issuing
Work Order after Signing the Contract.
2.4 DURATION OF CONTRACT:
The completion time of Contract is 2(Two) months from the commencement date which
includes mobilization time. If the job is not completed within the schedule time frame, the
company shall have the option to extend the contract with same rates, terms & conditions.
3.0 GENERAL OBLIGATIONS OF CONTRACTOR:
Contractor shall, in accordance with and subject to the terms and conditions of this Contract.
3.1 Perform the work described in the Terms of Reference (Section- IV) in most economic
and cost effective way.
3.2 Except as otherwise provided in the Terms of Reference and the special Conditions of
the contract, provide all personnel as required to perform the work.
3.3 Perform all other obligations, work and services which are required by the terms of this
contract or which reasonably can be implied from such terms as being necessary for the
successful and timely completion of the work.
3.4 Contractor shall be deemed to have satisfied himself before submitting their bid as to the
correctness and sufficiency of its bid for the services required and of the rates and prices
quoted, which rates and prices shall, except insofar as otherwise provided, cover all its
obligations under the contract.
3.5 Contractor shall give or provide all necessary supervision during the performance of the
services and as long thereafter as within the warranty period company may consider
necessary for the proper fulfilling of contractor's obligations under the contract.
4.0 GENERAL OBLIGATIONS OF THE COMPANY:
Company shall, in accordance with and subject to the terms and conditions of this Contract.
4.1 Pay Contractor in accordance with terms and conditions of the contract.
4.2 Allow Contractor access, subject to normal security and safety procedures, to all areas as
required for orderly performance of the work.
4.3 Perform all other obligations required of Company by the terms of this contract.
5.0 PERSONNEL TO BE DEPLOYED BY THE CONTRACTOR:
Tender No :CGI 3157 P17 27
Company: __________ Contractor : __________
5.1 Contractor warrants that it shall provide competent, qualified and sufficiently
experienced personnel to perform the work correctly and efficiently.
5.2 The Contractor should ensure that their personnel observe applicable company and
statutory safety requirement. Upon Company's written request, contractor, entirely at its
own expense, shall remove immediately; any personnel of the Contractor determined by
the Company to be unsuitable and shall promptly replace such personnel with personnel
acceptable to the Company.
5.3 The Contractor shall be solely responsible throughout the period of the contract for
providing all requirements of their personnel. Company shall have no responsibility or
liability in this regard.
5.4 Contractor's key personnel shall be fluent in English language (both writing and
speaking).
6.0 WARRANTY AND REMEDY OF DEFECTS:
6.1 Contractor warrants that it shall perform the work in a professional manner and in
accordance with the highest degree of quality, efficiency, and with the state of the art
technology/ inspection services and in conformity with all specifications, standards and
drawings set forth or referred to in the Technical Specifications. They should comply
with the instructions and guidance which Company may give to the Contractor from
time to time.
6.2 Should Company discover at any time during the execution of the Contract that the
work carried out by the contractor does not conform to the foregoing warranty,
Contractor shall after receipt of notice from Company, promptly perform all corrective
work required to make the services conform to the Warranty. Such corrective work shall
be performed entirely at contractor's own expenses. If such corrective work is not
performed within a reasonable time, the Company, at its option, may have such remedial
work carried out by others and charge the cost thereof to Contractor which the
contractor must pay promptly. In case contractor fails to perform remedial work, the
performance security shall be forfeited.
7.0 CONFIDENTIALITY, USE OF CONTRACT DOCUMENTS AND INFORMATION:
7.1 Contractor shall not, without Company's prior written consent, disclose the contract, or
any provision thereof, or any specification, plan, drawing pattern, sample or information
furnished by or on behalf of Company in connection therewith, to any person other than
a person employed by Contractor in the performance of the contract. Disclosure to any
such employed person shall be made in confidence and shall extend only as far as may
be necessary for purposes of such performance.
7.2 Contractor shall not, without Company's prior written consent, make use of any
document or information except for purposes of performing the contract.
7.3 Any document supplied to the Contractor in relation to the contract other than the
Contract itself remain the property of Company and shall be returned ( in all copies) to
Tender No :CGI 3157 P17 28
Company: __________ Contractor : __________
Company on completion of Contractor's performance under the Contract if so required
by Company.
8.0 TAXES:
8.1 Tax levied as per the provisions of Indian Income Tax Act and any other
enactment/rules on income derived/ payments received under the contract will be on
contractor‟s account.
8.2 Contractor shall be responsible for payment of personal taxes, if any, for all the
personnel deployed in India.
8.3 The contractor shall furnish to the company, if and when called upon to do so,
relevant statement of accounts or any other information pertaining to work done under
the contract for submitting the same to the Tax authorities, on specific request from
them. Contractor shall be responsible for preparing and filing the return of income etc.
within the prescribed time limit to the appropriate authority.
8.4 Prior to start of operations under the contract, the contractor shall furnish the company
with the necessary documents, as asked for by the company and / or any other
information pertaining to the contract, which may be required to be submitted to the
Income Tax authorities at the time of obtaining "No objection Certificate" for releasing
payments to the contractor.
8.5 Tax clearance certificate for personnel and corporate taxes shall be obtained by the
contractor from the appropriate Indian Tax authorities and furnished to company
within 6 months of the expiry of the tenure of the contract or such extended time as the
company may allow in this regard.
8.6 Corporate income tax will be deducted at source from the invoice at the specified rate
of income tax as per the provisions of Indian Income Tax Act as may be in force from
time to time.
8.7 Corporate and personal taxes on contractor shall be the liability of the contractor and the
company shall not assume any responsibility on this account.
8.8 All local taxes, levies and duties, sales tax, octroi, customs duty, VAT etc. on purchases
and sales made by contractor shall be borne by the contractor.
8.9 SERVICE TAX:
Bidders must include all liabilities including statutory liabilities.) but excluding Service
Tax in their quoted rates. Service Tax, if applicable shall be to the Company‟s account.
However, Service tax portion payable directly by the service provider (if applicable)
shall be reimbursed to the contractor on the basis of documentary evidence.
8.10 CUSTOMS DUTY ON EQUIPMENT:
i) Contractor is liable to pay all customs duty, as applicable on the equipment
brought to India for executing the works.
ii) The Contractor shall be fully liable for observing all the formalities in this
regard as well as to pay the customs duty chargeable on the equipment,
Tender No :CGI 3157 P17 29
Company: __________ Contractor : __________
including any deposit payable for such purposes. No adjustment in the Contract
Price shall be permissible for any change in duty drawback applicable in
respect of equipment and machinery brought to India for use in the project and
for re-export of equipment & machinery, on completion of the project.
8.11 CUSTOMS DUTY:
The quoted price shall include full customs duties for materials (for permanent
incorporation in the work), equipment and plants envisaged to be imported for execution
of work.
8.12 IMPORT LICENSE:
The Contractor shall arrange import of all materials required for permanent
incorporation in the works as well as construction equipment as per the guidelines laid
down by the Government of India. Import licence shall not be provided by Company.
9.0 INSURANCE:
9.1 The contractor shall arrange insurance to cover all risks in respect of their personnel,
materials and equipment belonging to the contractor or its subcontractor during the
currency of the contract.
9.2 Contractor shall at all time during the currency of the contract provide, pay for and
maintain the following insurances amongst others:
a) Workmen compensation insurance as required by the laws of the country of
origin of the employee.
b) Employer's Liability Insurance as required by law in the country of origin of
employee.
c) General Public Liability Insurance covering liabilities including contractual
liability for bodily injury, including death of persons, and liabilities for damage
of property. This insurance must cover all operations of Contractor required to
fulfill the provisions under this contract.
d) Contractor's equipment used for execution of the work hereunder shall have an
insurance cover with a suitable limit (as per international standards).
e) Automobile Public Liability Insurance covering owned, non-owned and hired
automobiles used in the performance of the work hereunder, with bodily injury
limits and property damage limits shall be governed by Indian Insurance
regulations.
f) Public Liability Insurance as required under Public Liability Insurance Act 1991.
9.3 Contractor shall obtain additional insurance or revise the limits of existing insurance as
per Company‟s request in which case additional cost shall be to Contractor‟s account.
9.4 Any deductible set forth in any of the above insurance shall be borne by Contractor.
Tender No :CGI 3157 P17 30
Company: __________ Contractor : __________
9.5 Contractor shall furnish to Company prior to commencement date, certificates of all its
insurance policies covering the risks mentioned above.
9.6 If any of the above policies expire or are cancelled during the term of this contract and
Contractor fails for any reason to renew such policies, then the Company will
renew/replace same and charge the cost thereof to Contractor. Should there be a lapse in
any insurance required to be carried by Contractor for any reason whatsoever,
loss/damage claims resulting there from shall be to the sole account of Contractor.
9.7 Contractor shall require all of their sub-contractor to provide such of the foregoing
insurance coverage as Contractor is obliged to provide under this Contract and inform
the Company about the coverage prior to the commencement of agreements with its sub-
contractors.
9.8 All insurance taken out by Contractor or their sub-contractor shall be endorsed to
provide that the underwriters waive their rights of recourse on the Company.
10.0 CHANGES:
10.1 During the performance of the work, Company may make a change in the work within
the general scope of this Contract including, but not limited to, changes in methodology,
and minor additions to or deletions from the work to be performed. Contractor shall
perform the work as changed. Changes of this nature will be affected by written order by
the Company.
10.2 If any change result in an increase in compensation due to Contractor or in a credit due
to Company, Contractor shall submit to Company an estimate of the amount of such
compensation or credit in a form prescribed by Company. Such estimates shall be based
on the rates shown in the Schedule of Rates (Section- IV). Upon review of Contractor's
estimate, Company shall establish and set forth in the Change Order the amount of the
compensation or credit for the change or a basis for determining a reasonable
compensation or credit for the change. If Contractor disagrees with compensation or
credit set forth in the Change Order, Contractor shall nevertheless perform the work as
changed, and the parties will resolve the dispute in accordance with Clause 13
hereunder. Contractor's performance of the work as changed will not prejudice
Contractor's request for additional compensation for work performed under the Change
Order.
11.0 FORCE MAJEURE:
11.1 In the event of either party being rendered unable by `Force Majeure' to perform any
obligation required to be performed by them under the contract, the relative obligation
of the party affected by such `Force Majeure' will stand suspended as provided herein.
The word `Force Majeure' as employed herein shall mean acts of God, war, revolt,
agitation, strikes, riot, fire, flood, sabotage, civil commotion, road barricade (but not due
to interference of employment problem of the Contractor) and any other cause, whether
of kind herein enumerated or otherwise which are not within the control of the party to
the contract and which renders performance of the contract by the said party impossible.
Tender No :CGI 3157 P17 31
Company: __________ Contractor : __________
11.2 Upon occurrence of such cause and upon its termination, the party alleging that it has
been rendered unable as aforesaid thereby, shall notify the other party in writing within
Seventy Two (72) hours of the alleged beginning and ending thereof, giving full
particulars and satisfactory evidence in support of its claim.
11.3 Should `force majeure' condition as stated above occurs and should the same be notified
within seventy two (72) hours after its occurrence the `force majeure' rate shall apply for
a maximum cumulative period of fifteen days. Either party will have the right to
terminate the Contract if such `force majeure' condition continues beyond fifteen (15)
days with prior written notice. Should either party decide not to terminate the Contract
even under such condition, no payment would apply after expiry of fifteen (15) days
force majeure period unless otherwise agreed to.
12.0 TERMINATION:
12.1 TERMINATION ON EXPIRY OF THE TERMS (DURATION):
The contract shall be deemed to have been automatically terminated on the expiry of
duration of the Contract or extension, if any, there of.
12.2 TERMINATION ON ACCOUNT OF FORCE MAJEURE:
Either party shall have the right to terminate the Contract on account of Force Majeure
as set forth in clause11.0 above.
12.3 TERMINATION ON ACCOUNT OF INSOLVENCY:
In the event that the Contractor at any time during the term of the Contract, becomes
insolvent or makes a voluntary assignment of its assets for the benefit of creditors or is
adjudged bankrupt, then the Company shall, by a notice in writing have the right to
terminate the Contract and all the Contractor‟s rights and privileges hereunder, shall
stand terminated forthwith.
12.4 TERMINATION FOR UNSATISFACTORY PERFORMANCE:
If the Company considers that, the performance of the Contractor is unsatisfactory, or
not upto the expected standard, the Company shall notify the Contractor in writing and
specify in details the cause of the dissatisfaction. The Company shall have the option to
terminate the Contract by giving 15 days notice in writing to the Contractor, if
Contractor fails to comply with the requisitions contained in the said written notice
issued by the Company,
12.5 TERMINATION DUE TO CHANGE OF OWNERSHIP & ASSIGNMENT:
In case the Contractor‟s rights and / or obligations under the Contract and/or the
Contractor‟s rights, title and interest to the equipment/material, are transferred or
assigned without the Company‟s consent, the Company may at its absolute discretion,
terminate the Contract.
12.6 If at any time during the term of the Contract, breakdown of Contractor‟s equipment
results in Contractor being unable to perform their obligations hereunder for a period of
15 successive days, Company at its option may terminate this Contract in its entirely
Tender No :CGI 3157 P17 32
Company: __________ Contractor : __________
without any further right or obligation on the part of the Company except for the
payment of money then due. No notice shall be served by the Company under the
condition stated above.
12.7 Notwithstanding any provisions herein to the contrary, the Contract may be terminated
at any time by the company on giving 30 (thirty) days written notice to the Contractor
due to any other reason not covered under the above clause from 12.1 to 12.6 and in the
event of such termination the Company shall not be liable to pay any cost or damage to
the Contractor except for payment for services as per the Contract upto the date of
termination.
12.8 CONSEQUENCES OF TERMINATION:
In all cases of termination herein set forth, the obligation of the Company to pay for
Services as per the Contract shall be limited to the period upto the date of termination.
Notwithstanding the termination of the Contract, the parties shall continue to be bound
by the provisions of the Contract that reasonably require some action or forbearance
after such termination.
12.8.1 Upon termination of the Contract, Contractor shall return to Company all of
Company‟s items, which are at the time in Contractor‟s possession.
12.8.2 In the event of termination of contract, Company will issue Notice of termination
of the contract with date or event after which the contract will be terminated. The
contract shall then stand terminated and the Contractor shall demobilize their personnel
& materials.
13.0 SETTLEMENT OF DISPUTES AND ARBITRATION:
13.1 All disputes or differences whatsoever arising between the parties out of or relating to
the construction, meaning and operation or effect of this contract or the breach thereof
shall be settled by arbitration in accordance with the Rules of Indian Arbitration and
Conciliation Act, 1996. The venue of arbitration will be Guwahati, Assam. The
award made in pursuance thereof shall be binding on the parties.
14.0 NOTICES:
14.1 Any notice given by one party to other, pursuant to this Contract shall be sent in writing
or by telex or Fax and confirmed in writing to the applicable address specified below:
Company
For contractual matters For Technical matters
Chief Manager (Contracts) DGM(PLP)
OIL INDIA LIMITED OIL INDIA LIMITED
PO: Udayan Vihar, Guwahati PO: Udayan Vihar, Guwahati
Assam-781171, India Assam-781171, India
Fax No. 91-0361-2643686
Contractor
__________________________
Tender No :CGI 3157 P17 33
Company: __________ Contractor : __________
__________________________
Fax No. :
Email:
14.2 A notice shall be effective when delivered or on the notice's effective date, whichever is
later.
15.0 SUBCONTRACTING:
15.1 Contractor shall not subcontract or assign, in whole or in part, its obligations to
perform under this contract, except with Company's prior written consent.
16.0 MISCELLANEOUS PROVISIONS:
16.1 a) Contractor shall give notices and pay all fees at their own cost required to be given
or paid by any National or State Statute, Ordinance, or other Law or any
regulation, or bye-law of any local or other duly constituted authority as may
be in force from time to time in India, in relation to the performance of the
services and by the rules & regulations of all public bodies and companies whose
property or rights are affected or may be affected in any way by the services.
b) Contractor shall conform in all respects with the provisions of any Statute,
Ordinance of Law as aforesaid and the regulations or bye-law of any local or other
duly constituted authority which may be applicable to the services and with such
rules and regulation, public bodies and Companies as aforesaid and shall keep
Company indemnified against all penalties and liability of every kind for breach of
any such Statute, Ordinance or Law, regulation or bye-law.
16.2 During the tenure of the Contract, Contractor shall keep the site where the services are
being performed reasonably free from all unnecessary obstruction and shall store or
dispose of any equipment and surplus materials and clear away and remove from the site
any wreckage, rubbish or temporary works no longer required. On the completion of the
services, Contractor shall clear away and remove from the site any surplus materials,
rubbish or temporary works of every kind and leave the whole of the site clean and in
workman like condition to the satisfaction of the Company and conform to ISO 14001.
16.3 Key personnel cannot be changed during the tenure of the Contract except due to
sickness/death/resignation of the personnel in which case the replaced person should
have equal experience and qualification which will be again subject to approval by the
Company.
17.0: LIQUIDATED DAMAGE:
17.1 Time is the essence of this Contract. In the event of the Contractor's default in timely
mobilization for commencement of operations within the stipulated period and/or
default in timely completion of work within the stipulated period, the Contractor shall
be liable to pay liquidated damages @ 1/2% of the total contract value, per week or
part thereof of delay subject to maximum of 7.5%. The Company may without
prejudice to any other method of recovery, deduct the amount of such liquidated
damages from any amount due to the Contractor.
Tender No :CGI 3157 P17 34
Company: __________ Contractor : __________
17.2 If the Contractor fails to mobilise within 7 days after the stipulated date, then the
Company reserves the right to cancel the Contract without any compensation
whatsoever.
18.0 PERFORMANCE SECURITY:
18.1 The Contractor has furnished to Company a Bank Guarantee No.
_______________________dated_____________ issued by _______________________
for ___________ (7.5% (initial security deposit along with acceptance of contract is
to be deposited for 2.5% and remaining 5% is to be recovered from running
account bill) of the total estimated contract value)
valid till ____________ towards performance security. The performance security shall be
payable to Company as compensation for any loss resulting from Contractor's failure to
fulfill their obligations under the Contract. In the event of extension of the Contract
period, the validity of the bank guarantee shall be suitably extended by the Contractor.
The bank guarantee will be discharged by Company not later than 30 days following its
expiry.
18.2 The Performance Security will not accrue any interest
19.0 ASSOCIATION OF COMPANY'S PERSONNEL:
19.1 Company's engineer will be associated with the work throughout the operations. The
Contractor shall execute the work with professional competence and in an efficient and
workman like manner and provide Company with a standard of work customarily
provided by reputed HDD Contractors to major international oil companies in the
petroleum industry.
20.0 LABOUR:
The recruitment of the labour may be met from the areas of operation and wages shall be
according to the rates prevalent at the time which can be obtained from the District Authorities
of the area. The facilities to be given to the labourers should conform to the provisions of labour
laws as per contract Labour (Regulation and Abolition) Act, 1970.
21.0 LIABILITY:
21.1 Except as otherwise expressly provided, neither Company nor its servants, agents,
nominees, Contractors, or sub-contractors shall have any liability or responsibility
whatsoever to whomsoever for loss of or damage to the equipment and/or loss of or
damage to the property of the Contractor and/or their Contractors or sub-contractors,
irrespective of how such loss or damage is caused and even if caused by the negligence
of Company and/or its servants, agent, nominees, assignees, contractors and sub-
Contractors. The Contractor shall protect, defend, indemnify and hold harmless
Company from and against such loss or damage and any suit, claim or expense resulting
there from.
Tender No :CGI 3157 P17 35
Company: __________ Contractor : __________
21.2 Neither Company nor its servants, agents, nominees, assignees, Contractors,
subcontractors shall have any liability or responsibility whatsoever for injury to, illness,
or death of any employee of the Contractor and/or of its Contractors or sub-contractor
irrespective of how such injury, illness or death is caused and even if caused by the
negligence of Company and/or its servants, agents nominees, assignees, Contractors and
sub-contractors. Contractor shall protect, defend, indemnify and hold harmless
Company from and against such liabilities and any suit, claim or expense resulting there
from.
21.3 The Contractor hereby agrees to waive its right to recourse and further agrees to cause
their underwriters to waive their right of subrogation against Company and/or its
underwrites, servants, agents, nominees, assignees, Contractors and subcontractors for
loss or damage to the equipment of the Contractor and/or its subcontractors when such
loss or damage or liabilities arises out of or in connection with the performance of the
contract.
21.4 The Contractor hereby further agrees to waive its right of recourse and agrees to cause
its underwriters to waive their right of subrogation against Company and/or its
underwriters, servants, agents, nominees, assignees, Contractors and subcontractors for
injury to, illness or death of any employee of the Contractor and of its Contractors, sub-
contractors and/or their employees when such injury, illness or death arises out of or in
connection with the performance of the contract.
21.5 Except as otherwise expressly provided, neither Contractor nor its servants, agents,
nominees, Contractors or sub-contractors shall have any liability or responsibility
whatsoever to whomsoever for loss of or damage to the equipment and/or loss or
damage to the property of the Company and/or their Contractors or sub-contractors,
irrespective of how such loss or damage is caused and even if caused by the negligence
of Contractor and/or its servants, agents, nominees, assignees, Contractors and sub-
contractors. The Company shall protect, defend, indemnify and hold harmless
Contractor from and against such loss or damage and any suit, claim or expense
resulting there from.
21.6 Neither Contractor nor its servants, agents, nominees, assignees, Contractors,
subcontractors shall have any liability or responsibility whatsoever to whomsoever for
injury or illness, or death of any employee of the Company and/or of its Contractors or
sub-contractors irrespective of how such injury, illness or death is caused and even if
caused by the negligence of Contractor and/or its servants, agents, nominees, assignees,
Contractors and sub-contractors. Company shall protect, defend indemnify and hold
harmless Contractor from and against such liabilities and any suit, claim or expense
resulting there from.
21.7 The Company agrees to waive its right of recourse and further agrees to cause its
underwriters to waive their right of subrogation against Contractor and /or its
underwriters, servants, agents, nominees, assignees, Contractors and subcontractors for
loss or damage to the equipment of Company and/or its contractors or sub-contractors
when such loss or damage or liabilities arises out of or in connection with the
performance of the contract.
Tender No :CGI 3157 P17 36
Company: __________ Contractor : __________
21.8 The Company hereby further agrees to waive its right of recourse and agrees to cause it
underwriters to waive their right of subrogation against Contractor and/or its
underwriters, servants, agents, nominees, assignees, Contractors and subcontractors for
injury to, illness or death of any employee of the Company and of its Contractors, sub-
contractors and/or their employees when such injury, illness or death arises out of or in
connection with the performance of the Contract.
22.0 CONSEQUENTIAL DAMAGE:
22.1 Except as otherwise expressly provided, neither party shall be liable to the other for
special, indirect or consequential damages resulting from or arising out of the contract,
including but without limitation, to loss or profit or business interruptions, howsoever
caused and regardless of whether such loss or damage was caused by the negligence
(either sole or concurrent) of either party, its employees, agents or sub-contractors.
23.0 INDEMNITY AGREEMENT:
23.1 Except as provided hereof Contractor agrees to protect, defend, indemnify and hold
Company harmless from and against all claims, suits, demands and causes of action,
liabilities, expenses, cost, liens and judgments of every kind and character, without limit,
which may arise in favour of Contractor‟s employees, agents, contractors and sub-
contractors or their employees on account of bodily injury or death, or damage to
personnel/properly as a result of the operations contemplated hereby, regardless of
whether or not said claims, demands or causes of action arise out of the negligence or
otherwise, in whole or in part or other faults.
23.2 Except as provided hereof Company agrees to protect, defend, indemnify and hold
Contractor harmless from and against all claims, suits, demands and causes of action,
liabilities, expenses, cost, liens and judgments of every kind and character, without limit,
which may arise in favour of Company‟s employees, agents, contractors and sub-
contractors or their employees on account of bodily injury or death, or damage to
personnel/properly as a result of the operations contemplated hereby, regardless of
whether or not said claims, demands or causes of action arise out of the negligence or
otherwise, in whole or in part or other faults.
24.0 INDEMNITY APPLICATION:
The indemnities given herein above, whether given by Company or Contractor shall be without
regard to fault or to the negligence of either party even though said loss, damage, liability,
claim, demand, expense, cost or cause of action may be caused, occasioned by or contributed to
by the negligence, either sole or concurrent of either party.
25.0 PAYMENT & INVOICING PROCEDURE:
25.1 Company shall pay to Contractor, during the term of the contract, the amount due
calculated according to the rates of payment set and in accordance with other provisions
hereof. No other payments shall be due from Company unless specifically provided for
in this contract. All payments will be made in accordance with the terms hereinafter
described.
Tender No :CGI 3157 P17 37
Company: __________ Contractor : __________
25.2 All payments due by Company to Contractor shall be made at Contractor's designated
bank. All bank charges will be to Contractor‟s account. Payment will be cleared on
monthly basis only.
25.3 Payment of any invoices shall not prejudice the right of Company to question the
validity of any charges therein, provided Company within one year after the date of
payment shall make and deliver to Contractor written notice of objection to any item or
items the validity of which Company questions.
25.4 Contractor will submit six sets of all invoices to Company for processing of payment.
Separate invoices for the charges payable under the contract shall be submitted by
Contractor for foreign currency and Indian Rupee.
25.5 Payment of invoices if undisputed shall be made.
25.6 The Company shall within 30 days of receipt of the invoice notify Contractor of any
item under dispute, specifying the reasons thereof, in which event, payment of the
disputed amount may be withheld until settlement of the dispute, but payment shall be
made of any undisputed portion.
25.7 The acceptance by Contractor of part payment on any billing not paid on or before the
due date shall not be deemed a waiver of Contractor‟s rights in respect of any other
billing, the payment of which may then or thereafter be due.
25.8 Contractor shall maintain complete and correct records of all information on which
Contractor‟s invoices are based up to 2(two) years from the date of last invoice. Such
records shall be required for making appropriate adjustments or payments by either
party in case of subsequent audit query / objection. Any audit conducted by Company of
Contractor's records, as provided herein, shall be limited to Company‟s verification (i)
of the accuracy of all charges made by Contractor to Company and (ii) that Contractor is
otherwise in compliance with the terms and conditions of this Agreement.
26.0 WITH-HOLDING:
26.1 Company may withhold or nullify the whole or any part of the amount due to
Contractor, after informing the Contractor of the reasons in writing, on account of
subsequently discovered evidence in order to protect Company from loss on account of :
a) For non-completion of jobs assigned as per Section-IV.
b) Contractor's indebtedness arising out of execution of this Contract.
c) Defective work not remedied by Contractor.
d) Claims by sub-Contractor of Contractor or others filed or on the basis of
reasonable evidence indicating probable filing of such claims against Contractor.
e) Failure of Contractor to pay or provide for the payment of salaries/wages,
contributions, unemployment compensation, taxes or enforced savings with-held
from wages etc.
f) Failure of Contractor to pay the cost of removal of unnecessary debris, materials,
tools, or machinery.
Tender No :CGI 3157 P17 38
Company: __________ Contractor : __________
g) Damage to another Contractor of Company.
h) All claims against Contractor for damages and injuries, and/or for non-payment
of bills etc.
i) Any failure by Contractor to fully reimburse Company under any of the
indemnification provisions of this Contract. If, during the progress of the work
Contractor shall allow any indebtedness to accrue for which Company, under
any circumstances in the opinion of Company may be primarily or contingently
liable or ultimately responsible and Contractor shall, within five days after
demand is made by Company, fail to pay and discharge such indebtedness, then
Company may during the period for which such indebtedness shall remain
unpaid, with-hold from the amounts due to Contractor, a sum equal to the
amount of such unpaid indebtedness.
With-holding will also be affected on account of the following:-
i) Order issued by a Court of Law in India.
ii) Income-tax deductible at source according to law prevalent from time
to time in the country.
iii) Any obligation of Contractor which by any law prevalent from time to
time to be discharged by Company in the event of Contractor's failure to
adhere to such laws. When all the above grounds for with-holding
payments shall be removed, payment shall thereafter be made for
amounts so with-hold. Notwithstanding the foregoing, the right of
Company to withhold shall be limited to damages, claims and failure on
the part of Contractor which is directly/ indirectly related to some
negligent act or omission on the part of Contractor.
27.0 APPLICABLE LAW:
27.1 The Contract shall be deemed to be a Contract made under, governed by and construed
in accordance with the laws of India for the time being in force and shall be subject to
the exclusive jurisdiction of Courts situated in Dibrugarh / Guwahati.
27.2 The Contractor shall ensure full compliance of various Indian Laws and Statutory
Regulations, to the extent applicable, as stated below, but not limited to, in force from
time to time and obtain necessary permits/licenses etc. from appropriate authorities for
conducting operations under the Contract.
a) The Factories Act - as applicable to safety and employment conditions.
b) The Minimum Wages Act, 1948.
c) The Oil Mines Regulations, 1983.
d) The Workmen's Compensation Act, 1923.
e) The Payment of Wages Act, 1963.
f) The Payment of Bonus Act. 1965.
Tender No :CGI 3157 P17 39
Company: __________ Contractor : __________
g) The Contract Labour (Regulation & Abolition) Act, 1970 and the rules
framed there under.
h) The Employees Pension Scheme, 1995.
i) The Interstate Migrant Workmen Act., 1979 (Regulation of employment and
conditions of service).
j) The Employees Provident Fund and Miscellaneous Provisions Act, 1952.
k) The AGST Act
l) Service Tax Act.
m) Customs & Excise Act & Rules
n) Assam Entry Tax Act.
27.3 The Contractor shall not make Company liable to reimburse the Contractor to the
statutory increase in the wage rates of the contract labour appointed by the
Contractor. Such statutory or any other increase in the wage rates of the contract
labour shall be borne by the Contractor.
27.4 Any permission from the Mines Directorate in connection with working in excess of 8
(eight) hours per day shift pattern by the Contractor shall have to be arranged by the
Contractor before commencement of the Contract, in consultation with the Company.
Moreover, since the Contractor‟s personnel engaged shall be working under the Mines
Act and Oil Mines Regulations, the Contractor shall have to obtain any other relevant
permission from the Mines Directorate to engage their employees in compliance with
various procedures as per Mines Act. In case of any breach of procedures under Mines
Act the Contractor shall be held responsible and they shall bear all expenses arising as a
result thereof.
27.5 The Contractor shall not engage labour below 18 (eighteen) years of age under any
circumstances. Persons above 60 years age also shall not be deployed excepting Rig
Manager/Rig Superintendent.
27.6 Moreover, the Contractor should obtain and produce in advance to commencement of
Work the following certificate / approvals:
i) Approval from DGMS/DDMS for shift patterns in excess of 8 hours (if
applicable).
ii) Total manpower list.
iii) All certificates as per applicable laws including Mines Acts.
v) Regional Labour certificate, if required.
28.0 RECORDS, REPORTS AND INSPECTION:
28.1 The Contractor shall, at all times, permit the Company and its authorized employees and
representatives to inspect all the Work performed and to witness and check all the
measurements and tests made in connection with the said work. The Contractor shall
keep an authentic, accurate history and logs including safety records of job execution
with major items consumed, which shall be open at all reasonable times for inspection
Tender No :CGI 3157 P17 40
Company: __________ Contractor : __________
by the Company designated representatives and its authorized employees and
representatives. The Contractor shall provide the Company designated representatives
with a daily written report, on form prescribed by the Company showing details of
operations during the preceding 24 hours and any other information related to the Hook-
up jobs requested by the Company whenever so requested..
29.0 SUBSEQUENTLY ENACTED LAWS: Subsequent to the date of submission of contractor's bid, if there is a change in or enactment of
any law or interpretation of existing law, which results in additional cost/reduction in cost to
Contractor on account of the operation under the Contract, the company/Contractor shall
reimburse/pay Contractor /company for such additional/ reduced costs actually incurred.
30.0 ROYALITY AND PATENTS:
Each party shall hold harmless and indemnify the other from and against all claim and
proceedings for or on account of any patent rights, design, trade mark or other protected rights
arising from any use of materials, equipment, processes, inventions and methods which have
not been imposed on the attending party by the terms of the contract or the specifications or
drawings forming part thereof.
31.0 WAIVER:
Any delay in exercising and any omission to exercise any right, power or remedy exercisable by
the Company under this contract shall not impair such right, power or remedy nor shall any
waiver by the Company of any breach by the Contractor of any provision of this contract
prevent the subsequent enforcement of that provision by the Company or be deemed a waiver
by the Company of any subsequent breach by the Contractor.
----------------- **************
Tender No :CGI 3157 P17 41
Company: __________ Contractor : __________
SECTION-II
SCHEDULE OF QUANTITIES (SOQ), SERVICE/WORK AND RATES
SL.
NO.
DESCRIPTION OF
WORK Quantity Unit
RATE PER UNIT
(Rs) TOTAL
AMOUNT(Rs
.) FIGUR
E WORD
10
EIA & EMP study for
laying of Pipeline:
Environmental Impact
Assessment (EIA) and
Environmental
Management Plan (EMP)
study for Pipeline laying
project from Pump Station
No.05 at Noonmati to
IOCL-Guwahati Refinery
along the existing Right-
Of-Way (ROW) of Oil
India Limited
1 LSM
Total
Note :- Bidders must include all liabilities including statutory liabilities but excluding Service
Tax in their quoted rates. Service Tax, if applicable shall be to the Company‟s account. However,
Service tax portion payable directly by the service provider (if applicable) shall be reimbursed to
the contractor on the basis of documentary evidence.
************
Tender No :CGI 3157 P17 42
Company: __________ Contractor : __________
SECTION-III
SPECIAL CONDITIONS OF THE CONTRACT (SCC)
A) SCOPE OF WORK
1. Objectives of the EIA study
The main objectives of EIA study will be as follows:
a)To assess the existing status of land, air, noise, water and natural (biological-ecological)
environment and socioeconomic component of environment including parameters of human
interest covering the project site (Baseline survey)
b)To evaluate significant qualitative impact of the proposed project on the major environment
components.
c)To prepare an Environmental Impact Assessment Statement based on predictions, identification
and evaluation of the impacts of the proposed project.
d)To prepare an Environmental Management Plan (EMP) outlining preventive and control
strategies for minimizing adverse impact on environment due to the proposed project including
formulation of an Environmental Monitoring Plan during the operation phase of the project.
2. Scope of work (Terms of References)
As no baseline data are available for the existing environmental situation in the project area, the
EIA will include collection of primary and secondary data through fields investigations,
environmental monitoring and from secondary sources such as maps, reports, scientific literature,
etc. The data are to be analysed to
Identify and asses the impacts on the environment from the drilling activities,
Identify control technologies to eliminate or lessen the severity of the impact and to ensure
compliance with the national international standards as well as environmental laws and
regulations applicable,
Ensure that environmental aspects are recorded and controlled during drilling operations, and
Ensure compliance with the stipulations relating to environmental protection.
The Environmental Impact Assessment is undertaken during the planning phase of the project.
The assessments are to be reviewed prior to the actual commencement of the project to ensure
that all environmental aspects have been addressed and controls are actually in place, including
the regulatory requirements. Besides, the EMP is to be monitored during the project
implementation.
The activities that are likely to be studied for each environmental component are:
Air Environment:
Tender No :CGI 3157 P17 43
Company: __________ Contractor : __________
a)Determination of impact zone (thorough a screening model) and developing a monitoring
network.
b)Monitoring the existing status of ambient air quality within the impacted region (10 km on both
sides of the proposed project site)
c)Monitoring the site-specific meteorological data, viz., wind speed and direction, humidity, and
ambient temperature.
d)Identification, quantification and evaluation of other potential emissions (including those of
vehicular traffic) within the impact zone and estimation of cumulative impact of all the
emissions/impacts.
e)Evaluation of the adequacy of the proposed pollution control methods and devices to meet
gaseous emission and ambient air quality standards.
f)Delineation of mitigation measures at source, pathways and receptors.
Noise Environment:
a)Monitoring the present status of ambient noise levels within the impact zone, and prediction of
future noise levels resulting from the proposed project and related activities including increase in
vehicular movement.
b)Identification of impacts due to any anticipated for noise levels on the surrounding
environment.
c)Recommendations on mitigation measures for noise pollution.
Water Environment:
a)Study of water quality and quantity of the water sources within the impact zone.
b)Assessment of wastewater characteristics and quantity of effluent likely to be discharged during
the operations.
c)Suggestions of suitable measures for prevention and control of water pollution.
d)Study of existing ground and surface water resources with respect to quantity and quality within
the impact zone of the proposed project.
e)Prediction of impacts on water resources due to the proposed water use/pumping on account of
the project.
f)Evaluation of the proposed pollution prevention and waste water treatment system and
suggestions on modification, if required
g)Prediction of impacts of effluent discharge on the quality of the receiving water body using
appropriate mathematical, if simulation models
h)Assessment of the feasibility of water recycling and reuse and delineation of detailed plan in
this regard.
Biological Environment:
a)Survey of flora and fauna clearly delineating season and duration.
b)Assessment of flora and fauna present within the impact zone of the project.
c)Assessment of potential damage to terrestrial and aquatic flora and fauna due to discharge of
effluents and gaseous emissions during explanatory drilling operations
d)Assessment of damage to aquatic flora and fauna due to air pollution, and use and landscape
changes
e)Assessment of damage to aquatic flora and fauna (including commercial fishing) due to
physical disturbances and alterations
f)Prediction of biological stresses within the impact zone of the proposed project
Tender No :CGI 3157 P17 44
Company: __________ Contractor : __________
g)Delineation of mitigation measures to prevent and / or reduce the damage.
Land Environment:
a)Studies on soil characteristics, existing land use and topography, landscape and drainage
patterns within the impact zone.
b)Estimation of impacts of project on land use, landscape, topography, drainage and hydrology.
c)Identification of potential utility of treated effluent in land application and subsequent impacts.
d)Estimation and characterization of solid wastes and delineation of management option for
minimization of waste and environmentally compatible disposal.
Socio-economic and Health Environment:
a)Collection of demographic and related socio-economic data.
b)Collection of epidemiological data, including studies on prominent endemic diseases (e.g.,
fluorosis, malaria, fileria, malnutrition) and morbidity rates among the population within the
impact zone.
c)Projection of anticipated changes in the socio-economic and health due to the project and
related activities including traffic congestion and delineation of measures to minimize adverse
impacts.
d)Assessment of impact on significant historical, cultural and archaeological sites/plates in the
area.
e)Assessment of economic benefits arising out of the project.
f)Assessment of rehabilitation requirements with special emphasis on scheduled areas, if any.
Risk Assessment:
a)Hazard identification taking recourse to hazard indices, inventory analysis Natural Hazard
Probability, etc.
b)Maximum Credible Accident (MCA) analysis to identify potential hazardous scenarios
c)Consequence analysis of failure and accidents resulting in fire, explosion, hazardous releases,
etc.
d)Hazard & Operability (HAZOP) studies
e)Assessment of risk on the basis of the above evaluations
f)Preparation of an onsite and offsite (project affected area) Disaster Management Plan.
Environment Management Plan:
a)Delineation of mitigation measures including prevention and control for each environmental
component and rehabilitation plan, if necessary.
b)Delineation of monitoring scheme for compliance of conditions.
c)Delineation of implementation of plan including public consultation, scheduling and resource
allocation.
EIA study should be in accordance with the above broad scope and will have to meet all the
requirements under the relevant guidelines of the Ministry of Environment & Forests,
Government of India and the Central Pollution Control Board.
3. Documentation (Report) and Time schedule of the Rapid EIA
Tender No :CGI 3157 P17 45
Company: __________ Contractor : __________
The EIA Report will have the following structure:
Executive Summary Non-technical executive summary of the
Environmental Impact Assessment (EIA) and
the Environmental Management Plan (EMP),
highlighting the main conclusions.
1 Introduction Describes background to the project, the
proponent (partners, operator), the
environmental policies, principles, EMS and
past environmental performance of the
operator and summarizes the initial
environmental examination, scoping (issues
& study area), methodology, and approach
undertaken.
2 The proposed development
(include maps, drawings as
required)
Describes proposed operations (including
associated activities e.g., construction of
buildings, road building, transportation of
materials etc.), consumption of natural
resource, emissions and discharges into the
atmosphere and alternatives considered.
3 Description of the existing
Environment (include
location, maps, photo-
documentation, geographical
distribution of
environmental and social-
economic characteristics
with respect to project
location)
Describes the background environmental
(physicochemical, biological) and social-
economic characteristics in the area of the
proposed operations (Baseline Data). This
may be in the form of statistical, graphical
representation of data and primarily include
conclusive, interpretative information with
respect to variance, regulatory standards and
guidelines, comparative analysis with respect
to available regional data.
4 Environmental Impacts and
mitigation measures
Defines the environmental interactions as
part of the project (including
consumption/demand on natural, socio-
economic resources and generation,
degradation of the same). Potential impacts
due to the proposed operations, requirement
and details of the control and mitigation
measures to be implemented to eliminate or
limit the potential negative impacts.
Identify all the regulations, international
conventions and stakeholders (mainly
regulators, NGOs and local communities)
relevant to the proposed development and the
baseliner environment of the location.
Describe the environmental and socio-
economic provisions with respect to the
regulations and conventions and analyse their
implications on the planning and
implementation of the project.
Tender No :CGI 3157 P17 46
Company: __________ Contractor : __________
5 Environmental Management
and Monitoring Plan
Provides and Environmental Aspects
Register with an outline of how the project
will be managed to ensure protection of the
environmental throughout the life of the
proposed operations. The section should
specifically include provision of “Change
management” (to accommodate changes in
project planning and implementation).
The section should also include
organizational resources, communication and
documentation, training and monitoring
requirement to fulfil the SMS requirements.
6 Conclusions Summarizes main conclusions of the
environmental assessment.
7 References Sources consulted in preparing the Report.
8 Glossary of Terms Definitions of the Technical terms and
abbreviations.
9 Appendices Standards for various environmental
elements.
B) The time schedule for the activities will be as follows:
1 Mobilization of work force including selection and finalization of monitoring stations in consultation
with the Project proponent within 7 days of the receipt of the LOA.
2 Commencement of data collection and field work (0-1 month) Between 7 to 15 days of the receipt of
the work order.
3 Submission of Draft EIA Report (1 hard copy and 1 soft copy) Within 7 days of completion of data
collection.
4 Submission of Final EIA Report (20 hard copies and 1 soft copy) Within 7 days of the receipt of
comments from the Project proponent.
C) Payment Terms:
The estimated rate does not include various charges/fees to be paid to Pollution Control Board for
NOC, etc. and expenses to be incurred in Public Hearing if any. However they will have to extend full
co-operation with the presentations and have to send representatives for the same, if necessary.
The terms for payment will be as under:
1. After submission of action Plan, Mobilization and setting up of monitoring stations 20%
2. After completion of collection of all primary and secondary data for Rapid EIA 30%
3. After submission of Draft Rapid EIA Report 10%
4. After submission of Final Rapid EIA Report 20%
5. After acceptance of the Report by the Project Proponent 20%
************
Tender No :CGI 3157 P17 47
Company: __________ Contractor : __________
SECTION-IV
TERMS OF REFERENCE
As per Section-II & Section -III.
************
Tender No :CGI 3157 P17 48
Company: __________ Contractor : __________
SECTION-V
OIL INDIA LIMITED
(A Govt. of India Enterprise)
P.O. Udyan Vihar, Narengi, Guwahati,
Assam
Tender No. CGI 3157 P17
SCHEDULE OF COMPANY’s MATERIALS, PLANTS AND EQUIPMENT
NIL
************
Tender No :CGI 3157 P17 49
Company: __________ Contractor : __________
SECTION-VI
SAFETY MEASURES & COMPLIANCE FORMAT
To
GENERAL MANAGER (PLS)
OIL INDIA LIMITED
GUWAHATI
SUB: SAFETY MEASURES
Tender No: CGI 3157 P17
Description of work/service: “HIRING THE SERVICES OF ENVIRONMENTAL IMPACT
ASSESSMENT (EIA) AND ENVIRONMENTAL MANEGEMENT PLAN (EMP) STUDY FOR
PIPELINE LAYING PROJECT FROM PUMP STATION NO.05 AT NOONMATI TO IOCL-
GUWAHATI REFNIERY ALONG THE EXISTING RIGHT-OF-WAY (ROW) OF OIL INDIA
LIMITED AS PER SCOPE OF WORK ”
Sir,
We hereby confirm that we have fully understood the safety measures to be adopted during
execution of the above contract and that the same have been explained to us by the concerned
authorities. We also give the following assurances.
a) Only experienced and competent persons shall be engaged by us for carrying out work
under the said contract.
b) The names of the authorised persons who would be supervising the jobs on day to day
basis from our end are the following
i) ________________________________
ii) ________________________________
iii) ________________________________
The above personnel are fully familiar with the nature of jobs assigned and safety
precautions required.
c) Due notice would be given for any change of personnel under item(b) above.
d) We hereby accept the responsibility for the safety of all the personnel engaged by us and
for the safety of the Company's person and property involved during the course of our
working under this contract. We would ensure that all the provisions under the Oil
Mines Regulations,1984 and other safety rules related to execution of our work would
be strictly followed by our personnel. Any violation pointed out by the Company's
Engineers would be rectified forthwith or the work suspended till such time the
rectification is completed by us and all expenditure towards this would be on our
account.
Tender No :CGI 3157 P17 50
Company: __________ Contractor : __________
e) We confirm that all persons engaged by us would be provided with the necessary Safety
Gears at our cost.
f) All losses caused due to inadequate safety measures or lack of supervision on our part
would be fully compensated by us and the Company will not be responsible for any
lapses on our part in this regard.
(Seal)
Yours Faithfully
M/s_________________
Dated____________ For & On Behalf Of Contractor
************
Tender No :CGI 3157 P17 51
Company: __________ Contractor : __________
SECTION-VII
INTEGRITY PACT
Not Applicable for this tender
-----------------
************
Tender No :CGI 3157 P17 52
Company: __________ Contractor : __________
PROFORMA-B
BID FORM To
M/S. OIL INDIA LIMITED,
PIPELINE HEAD QUARTER
Sub : Tender No. : _________________________________
Dear Sir,
Having examined the General and Special Conditions of Contract and the Terms of
Reference including all attachments thereto, the receipt of which is hereby duly acknowledged, we
the undersigned offer to perform the services in conformity with the said conditions of Contract
and Terms of Reference for the sum of ___________(Total Bid Amount in words and figures)
or such other sums as may be ascertained in accordance with the Schedule of Prices attached
herewith and made part of this Bid.
We undertake, if our Bid is accepted, to commence the work within ( ) days calculated
from the date both parties have signed the Contract.
If our Bid is accepted, we will obtain the guarantee of a bank in a sum not exceeding
_______________________ for the due performance of the Contract.
We agree to abide by this Bid for a period of 90 days from the date fixed for Bid opening
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period.
Until a formal Contract is prepared and executed, this Bid, together with your
written acceptance thereof in your notification of award shall constitute a binding Contract
between us.
We understand that you are not bound to accept the lowest or any Bid you may receive.
Dated this ____________ day of __________________ 20_.
-------------------
Signature
____________________________
(In the capacity of)
-----------------
************
Tender No :CGI 3157 P17 53
Company: __________ Contractor : __________
PROFORMA-C
FORM OF BID SECURITY (BANK GUARANTEE) To
M/s. OIL INDIA LIMITED,
Guwahati, Assam, India, Pin - 781171.
WHEREAS, (Name of Bidder) ______________________________ (hereinafter called “the Bidder”) has
submitted their offer Dated__________ for the provision of certain oilfield services (hereinafter called “the
Bid”) against OIL INDIA LIMITED, Guwahati, Assam, India (hereinafter called the Company)‟s tender No. :
______________ know all men by these presents that we (Name of Bank) ____________________ of (Name
of Country) _______________ having our registered office at__________________________ (hereinafter
called “Bank”) are bound unto the Company in the sum of ( * ) for which payment will and truly to be
made to Company, the Bank binds itself, its successors and assignees by these presents. SEALED with the
common seal of the said Bank this ___________________day of ________________ 20___.
THE CONDITIONS of these obligations are:
1. If the Bidder withdraws their Bid during the period of Bid validity specified by the Bidder; or
2. If the Bidder, having been notified of acceptance of their Bid by the Company during the period
of Bid validity:
a) Fails or refuses to execute the form of agreement in accordance with the
Instructions to Bidders; or
b) Fails or refuses to furnish the Performance Security in accordance with the
Instructions to Bidders;
We undertake to pay to Company up to the above amount upon receipt of its first written demand (by way of
letter / fax/cable), without Company having to substantiate its demand provided that in its demand Company
will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two
conditions, specifying the occurred condition or conditions.
This guarantee will remain in force up to and including the date ( ** ) and any demand in respect thereof
should reach the Bank not later than the above date.
SIGNATURE AND SEAL OF THE GUARANTORS: ________________________
Name of Bank & Address: _______________________________________________
Witness: ________________________________
Address :_________________________________
_________________________________
(Signature, Name and Address)
Date :__________
Place : _____________
* The Bidder should insert the amount of the guarantee in words and figures.
** Date of expiry of Bank Guarantee should be minimum 30 days after the end of the validity period
of the Bid.
----------------- **************
Tender No :CGI 3157 P17 54
Company: __________ Contractor : __________
PROFORMA-D
FORM OF PERFORMANCE BANK GUARANTEE
To:
M/s. OIL INDIA LIMITED,
(CHIEF MANAGER -CONTRACTS)
Guwahati Assam, India, Pin – 781 171
WHEREAS ______________________________________ (Name and address of Contractor)
(hereinafter called "Contractor") had undertaken, in pursuance of Contract No.
_______________________ to execute (Name of Contract and Brief Description of the Work)
___________________ (hereinafter called "the Contract").
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you
with a Bank Guarantee as security for compliance with Contractor's obligations in accordance with the
Contract.
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee; NOW THEREFORE
we hereby affirm that we are Guarantors on behalf of the Contractor, up to a total of (Amount of
Guarantee in figures) _____________ (in words ___________________), such amount being payable
in the types and proportions of currencies in which the Contract price is payable, and we undertake to
pay you, upon your first written demand and without cavil or argument, any sum or sums within the
limits of guarantee sum as aforesaid without your needing to prove or to show grounds or reasons for
your demand for the sum specified therein. We hereby waive the necessity of your demanding the said
debt from the Contractor before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract or
the work to be performed there under or of any of the Contract documents which may be made between
you and the Contractor shall in any way cease us from any liability under this guarantee, and we hereby
waive notice of such change, addition or modification.
This guarantee is valid until the date _________ (calculated at 3 months after Contract completion
date).
SIGNATURE AND SEAL OF THE GUARANTORS _____________________
Designation ___________________________________
Name of Bank ___________________________________
Address ___________________________________
Witness ________________
Address ________________
Date ............ ________________
Place ________________
-----------------
************
Tender No :CGI 3157 P17 55
Company: __________ Contractor : __________
PROFORMA-E
AGREEMENT FORM This Agreement is made on ____ day of ___________________ between Oil India Limited, a
Government of India Enterprise, incorporated under the Companies Act 1956, having its
registered office at Duliajan in the State of Assam, hereinafter called the "Company” which
expression unless repugnant to the context shall include executors, administrators and assignees
on the one part, and M/s. ______________ (Name and address of Contractor) hereinafter called
the "Contractor” which expression unless repugnant to the context shall include executors,
administrators and assignees on the other part,
WHEREAS the Company desires that Services ________________________ (brief description of
services) should be provided by the Contractor as detailed hereinafter or as Company may
requires;
WHEREAS, Contractor engaged themselves in the business of offering such services represents
that they have adequate resources and equipment, material etc. in good working order and fully
trained personnel capable of efficiently undertaking the operations and is ready, willing and able
to carry out the said services for the Company as per Section-II attached herewith for this purpose
and
WHEREAS, Company had issued a firm Letter of Award No. ________________ dated
___________ based on Offer No. ____________ dated ____________ submitted by
the Contractor against Company's IFB No. __________. All these aforesaid documents shall be
deemed to form and be read and construed as part of this agreement/contract. However, should
there be any dispute arising out of interpretation of this contract in regard to the terms and
conditions with those mentioned in Company‟s tender document and subsequent letters including
the Letter of Intent and Contractor's offer and their subsequent letters, the terms and conditions
attached hereto shall prevail. Changes, additions or deletions to the terms of the contract shall be
authorized solely by an amendment to the contract executed in the same manner as this contract.
NOW WHEREAS, in consideration of the mutual covenants and agreements hereinafter
contained, it is hereby agreed as follows -
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to.
2. In addition to documents herein above, the following Sections and Annexures attached herewith
shall be deemed to form and be read and construed as part of this agreement viz.:
(a) SECTION-I indicating the General Conditions of this Contract;
(b) SECTION-II indicating the Schedule of Quantities, service/Work, Rates;
(c) SECTION-III indicating the Special Terms & Condition;
(d) SECTION-IV indicating the Terms of Reference;
(e) SECTION-V indicating the Schedule of Material, Plants & Equipment;
(f) SECTION-VI indicating Safety Measure & Compliance
(g) SECTION-VII Integrity Pact (Not applicable for this Contract)
Tender No :CGI 3157 P17 56
Company: __________ Contractor : __________
3. In consideration of the payments to be made by the Company to the Contractor as hereinafter
mentioned, the Contractor hereby covenants with the Company to provide the Services and to
remedy defects therein in conformity in all respect with the provisions of this Contract.
4. The Company hereby covenants to pay the Contractor in consideration of the provision of the
Services and the remedying of defects therein, the Contract Price or such other sum as may
become payable under the provisions of this Contract at the times and in the manner prescribed by
this Contract.
IN WITNESS thereof, each party has executed this contract at Guwahati, Assam as of the date
shown above.
Signed, Sealed and Delivered,
For and on behalf of for and on behalf of Contractor
Company (Oil India Limited) (M/s. ________________________)
Name: Name:
Status: Status:
In presence of In presence of
1. 1.
2. 2.
-----------------
************
Tender No :CGI 3157 P17 57
Company: __________ Contractor : __________
PROFORMA-F
STATEMENT OF COMPLIANCE/NON-COMPLIANCE
OIL expects the bidders to fully accept the terms and conditions of the bidding documents.
However, should the bidder experience some exception and deviations to the terms of the bidding
documents, the same should be indicated here and put in un-priced bid. In order to be considered
responsive, Bidder‟s offer must specifically include the following statement:
(a) We certify that our offer complies with all IFB requirements and specifications without any
deviations.
Or
(b) We certify that our offer complies with all NIT requirements and specifications with the
following deviations:
SL.
NO.
SECTION/
CLAUSE NO.
BRIEF STATEMENT COMPLIANCE/
NON-COMPLIANCE
DEVIATION
STATEMENT
We undertake that excepting above deviations all the terms and conditions in the tender
document shall be fully complied with. Company will not recognize any deviations/exception(s) which
is not listed in this Annexure.
__________________________________
Signature of the Bidder
Name of Bidder: ____________________
Seal of the Company:
-----------------
************
Tender No :CGI 3157 P17 58
Company: __________ Contractor : __________
PROFORMA–H
PROFORMA LETTER OF AUTHORITY
TO
Chief Manager (Contracts)
Oil India Ltd.,
P.O. Udayan Vihar - 781171
Assam, India
Sir,
Sub: OIL's Tender No: __________
We ____________________________ confirm that Mr. _________ (Name and address) as
authorised to represent us to Bid, negotiate and conclude the agreement on our behalf with you
against Tender Invitation No. ________________________ for hiring of services for
_______________________.
We confirm that we shall be bound by all and whatsoever our said representative shall commit.
Yours Faithfully,
Authorised Person‟s Signature: _________________
Name: _______________________________
Designation: _________________________
Seal of the Bidder:
Note: This letter of authority shall be on printed letter head of the Bidder and shall be signed by a
person competent and having the power of attorney (power of attorney shall be annexed) to
bind such Bidder. If signed by a consortium, it shall be signed by members of the
consortium.
-----------------
************
Tender No :CGI 3157 P17 59
Company: __________ Contractor : __________
PROFORMA - I
FORMAT FOR UNDERTAKING
( COPY TO BE UPLOADED ALONG WITH THE BID)
AND HARD COPY TO BE SUBMITTED ALONG WITH BID SECURITY)
Tender No. __CGI 3157 P17
(On Non-Judicial Stamp Paper of Rs. 100/-)
TO BE NOTARISED
To
CHIEF MANAGER (CONTRACTS)
OIL INDIA LIMITED
PO: UDYANVIHAR – 781 171
GUWAHATI, ASSAM, INDIA
Dear Sirs,
UNDERTAKING/DECLARATION BY THE BIDDER IN RESPECT OF
Tender No. CGI 3157 P17
This is in connection with the Bid submitted by me/us, ………….... (Name of Bidder), against
Tender No. _ CGI 3157 P17 for “HIRING THE SERVICES OF ENVIRONMENTAL
IMPACT ASSESSMENT (EIA) AND ENVIRONMENTAL MANEGEMENT PLAN (EMP)
STUDY FOR PIPELINE LAYING PROJECT FROM PUMP STATION NO.05 AT
NOONMATI TO IOCL-GUWAHATI REFNIERY ALONG THE EXISTING RIGHT-OF-
WAY (ROW) OF OIL INDIA LIMITED AS PER SCOPE OF WORK”
I/We, the afore mentioned Bidder against the subject tender, hereby declare that my/our quoted rates
include the following -
(a) Labour wages as per Minimum Wages Act and notifications issued by the Central Govt.
from time to time, including P.F, insurance and Bonus.
(b) Material and Equipment (if any) cost.
(c) PPE cost.
(d) IME (Initial Medical Examination) cost.
(e) Other charges / cost including overheads, profit ,insurance and handling charge..
I/We, the afore mentioned Bidder against the subject tender take note that minimum wages may
increase from time to time as notified by statutory authority and Central Govt. and undertake that
I/We shall not make Company (i.e. OIL) liable to reimburse me/us for such statutory increase in
wage rates of the labours/workers engaged by me/us during the entire period of the contract,
including extension if any. Currently, such increase in the wage rates is twice in a year. I/We have
bid after considering this increase in wage rates for the entire period of Contract including extension
provision.
Tender No :CGI 3157 P17 60
Company: __________ Contractor : __________
I/We, the afore mentioned Bidder against the subject tender, further undertake that I/We will pay
my/our workers the existing Daily wages as notified under the Minimum Wages Act from time to
time by the Central Govt. and such statutory or any other increase in the wages rates including
consequent increase in statutory contributions like provident fund etc. of contract labours engaged
by me/us shall be borne solely by me/us during the entire period of the contract, including extension
if any, without any cost implication whatsoever upon the Company.
I/We further agree and undertake that in case of any violation of the above undertaking, Oil India
Limited (OIL) shall be at liberty to take appropriate action against me/us in terms of the
Tender/Contract including but not limited to termination of contract and debarment from future
business with OIL. I shall duly comply with all the statutory obligations, more particularly under
applicable labour laws. I further agree and undertake that in case of any dispute or claims arise out
of my non-compliance of statutory obligations under the Contract, by the Labourers engaged by me
or by any statutory authorities, I shall only be responsible for the same and hold the Company
harmless against such dispute or claims. I further authorize the Company, in the event of my default
or non-compliance of any statutory obligations, to deduct/recover and adjust such amount or claim
against my Bills due under the Contract or against any other existing or future Contracts with the
Company including performance security.
I/We declare that the information given above is true and any misstatement, misrepresentation, or
suppression of facts in connection with the above undertaking may entail rejection of the bid and
cancellation of contract, if awarded.
Yours faithfully,
Authorized Signatory with Seal
_______________________________________________
(Bidder)
Place :
Date :